Lisa Eskow

114. History, Tradition, and the "Short-Martial" From the Founding until 2018, servicemembers had a right to be tried by a panel of fellow servicemembers. A new cert. petition asks whether Congress violated due process when it took that right away.

After recapping a busy week of #SCOTUS news, today's "One First" takes a deep dive into our new cert. petition challenging the constitutionality of the "short-martial"—the mandatory bench trials that Congress first authorized for servicemembers starting in 2019:

www.stevevladeck.com/p/114-histor...

A modest change to #SCOTUS's appellate jurisdiction over courts-martial goes into effect today.

Previously, the justices could hear appeals only from cases that the Court of Appeals for the Armed Forces (CAAF) heard. Going forward, the justices can also act when CAAF *denies* discretionary review.

Sometimes a case lends itself to a very straightforward QP; and sometimes, it … doesn’t.

Such a pleasure, as always, to collaborate and a great opportunity for the @utexaslaw.bsky.social Supreme Court Clinic students to work with you on this important issue.

Thanks Mike and @lsepper.bsky.social !

The Continued Independence of the Judiciary [2024 NLC] YouTube video by The Federalist Society

Seeing media reports portraying yesterday's Fed Soc panel on "judicial independence" in disappointingly equivocal terms.

I'm just going to post the full video here and let everyone's behavior speak for itself. I start @ 41:30; Judge Jones @ 50:23; replies @ 1:12:50:

www.youtube.com/watch?v=-DBl...

We've been doing a lot more cases at @ij.org against police officers who execute warrants on the wrong people and places.

The mistakes are often inexcusable, and so are the insane theories courts have come up with for why the innocent victims can't recover any damages.

I'll run through a few...

And a job posting for Senior Law Clerk in soon-to-be-Justice-Thomas's chambers at the Michigan Supreme Court. www.courts.michigan.gov/4ac08a/sitea...

| Knight First Amendment Institute

okay I guess we're trying Bluesky again! Job opening @knightcolumbia.org - come work with me and @nadinefj.bsky.social as a program coordinator for our research and policy teams! Info here: knightcolumbia.org/page/researc...

Skrmetti and the Broader Environment for LGBTQ Rights A conference exploring the post-election landscape for LGBTQ rights in the United States, featuring leading scholars and advocates.

HEADS UP: Next week, New York (and livestreaming), I'll be speaking at this event on Skrmetti and LGBTQ rights. statecourtreport.org/events/skrme...

68. "Original" Writs of Habeas Corpus A new opinion by Justice Sotomayor highlights one of the Court's more obscure powers—and the serious constitutional question that could arise from the justices' unwillingness to ever use it.

This week’s “One First” recaps a busy week at SCOTUS & looks ahead to another one before taking a deep dive into one of the Court’s more obscure—but important—authorities: the power to issue “original” writs of habeas corpus if no other review is available:

stevevladeck.substack.com/p/68-origina...

If you are weirdly interested in the Fifth Circuit as an entity but also don’t have time to read every single published civil case, I present Raffi’s 2023 Fifth Circuit almanac

https://drive.google.com/file/d/1kioUncwfzw9v_u0RD5aX2ZatYBA5LZsx/view?usp=sharing