Aaron Bruhl
@aaronbruhl.bsky.social
Law professor
Statutory interpretation, legislation, federal courts, administrative law
Research: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=648978
Posts do not speak for my employer
Statutory interpretation, legislation, federal courts, administrative law
Research: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=648978
Posts do not speak for my employer
Pinned
Aaron Bruhl
@aaronbruhl.bsky.social
· Nov 7
In light of the influx of people here, a brief intro:
I write about legislation and judicial process. I’m currently working on papers about (1) statutes that backstop threatened constitutional rights, (2) pre-Erie understandings of interpretive methods.
Sometimes post fun stuff from old books.
I write about legislation and judicial process. I’m currently working on papers about (1) statutes that backstop threatened constitutional rights, (2) pre-Erie understandings of interpretive methods.
Sometimes post fun stuff from old books.
Update on Berk v. Choy:
Today SCOTUS indeed says the Delaware med-mal certification doesn’t apply in federal court.
Majority says the conflict is with FRCP 8. Jackson concurrence says it’s FRCP 3 and 12.
Opinion:
www.supremecourt.gov/opinions/25p...
Today SCOTUS indeed says the Delaware med-mal certification doesn’t apply in federal court.
Majority says the conflict is with FRCP 8. Jackson concurrence says it’s FRCP 3 and 12.
Opinion:
www.supremecourt.gov/opinions/25p...
January 20, 2026 at 3:16 PM
Update on Berk v. Choy:
Today SCOTUS indeed says the Delaware med-mal certification doesn’t apply in federal court.
Majority says the conflict is with FRCP 8. Jackson concurrence says it’s FRCP 3 and 12.
Opinion:
www.supremecourt.gov/opinions/25p...
Today SCOTUS indeed says the Delaware med-mal certification doesn’t apply in federal court.
Majority says the conflict is with FRCP 8. Jackson concurrence says it’s FRCP 3 and 12.
Opinion:
www.supremecourt.gov/opinions/25p...
Interpreting the law in light of the “Aloha Spirit” is part of the positive law of Hawaii. (See Haw. Rev. Stat. s. 5-7.5.)
I mention this because tomorrow SCOTUS will hear a gun rights case involving Hawaii, and some of the amici (and many commentators) mock Hawaii’s view.
Wolford v. Lopez docket:
I mention this because tomorrow SCOTUS will hear a gun rights case involving Hawaii, and some of the amici (and many commentators) mock Hawaii’s view.
Wolford v. Lopez docket:
Search
www.supremecourt.gov
January 19, 2026 at 7:38 PM
Interpreting the law in light of the “Aloha Spirit” is part of the positive law of Hawaii. (See Haw. Rev. Stat. s. 5-7.5.)
I mention this because tomorrow SCOTUS will hear a gun rights case involving Hawaii, and some of the amici (and many commentators) mock Hawaii’s view.
Wolford v. Lopez docket:
I mention this because tomorrow SCOTUS will hear a gun rights case involving Hawaii, and some of the amici (and many commentators) mock Hawaii’s view.
Wolford v. Lopez docket:
I can’t find the bill text yet. Setting aside the part of the proposal that is about defenses to criminal liability, the discussion about civil liability makes it sound like qualified immunity is main barrier to liability. The main problem is instead the lack of a cause of action (i.e. Bivens).
1/2
1/2
NEWS --> Reps Eric Swalwell and Dan Goldman are introducing a new bill to strip ICE officers of qualified immunity, making lawsuits and prosecutions easier. They also say agent who killed Renee Good should be prosecuted in Minnesota.
They break this news on our pod:
newrepublic.com/article/2051...
They break this news on our pod:
newrepublic.com/article/2051...
Trump Shooting Fiasco Worsens as Dems Find Fresh Line of Attack on ICE
As the Minneapolis killing gets darker for Trump, Representatives Eric Swalwell and Dan Goldman talk to us about their plan to rein in ICE—and about Trumpworld’s broader plunge into violence and lawl...
newrepublic.com
January 9, 2026 at 4:27 PM
I can’t find the bill text yet. Setting aside the part of the proposal that is about defenses to criminal liability, the discussion about civil liability makes it sound like qualified immunity is main barrier to liability. The main problem is instead the lack of a cause of action (i.e. Bivens).
1/2
1/2
This week I will be presenting a paper on “statutory backup rights” at the AALS annual meeting. A statutory backup right is a statute that codifies a constitutional right that is believed to be at risk of judicial abrogation.
1/2
1/2
January 6, 2026 at 2:29 PM
This week I will be presenting a paper on “statutory backup rights” at the AALS annual meeting. A statutory backup right is a statute that codifies a constitutional right that is believed to be at risk of judicial abrogation.
1/2
1/2
Reposted by Aaron Bruhl
I'm thrilled to share that the low-cost print copy of v2 of our open-access patent law casebook is now available.
Check it out! The teal will be so pretty on your shelves-and the insides are pretty great, too, if you are interested in patent law. Aw, who am I kidding? It's objectively interesting!
Check it out! The teal will be so pretty on your shelves-and the insides are pretty great, too, if you are interested in patent law. Aw, who am I kidding? It's objectively interesting!
Version 2 of our open-access patent casebook is now available!
- Free PDF copy available here: papers.ssrn.com/sol3/papers....
- Low-cost print copy available here: a.co/d/8vpSEQi
And if you'd like to assign just one day on designs, we've got a supplement for that: papers.ssrn.com/sol3/papers....
- Free PDF copy available here: papers.ssrn.com/sol3/papers....
- Low-cost print copy available here: a.co/d/8vpSEQi
And if you'd like to assign just one day on designs, we've got a supplement for that: papers.ssrn.com/sol3/papers....
January 6, 2026 at 2:25 PM
I'm thrilled to share that the low-cost print copy of v2 of our open-access patent law casebook is now available.
Check it out! The teal will be so pretty on your shelves-and the insides are pretty great, too, if you are interested in patent law. Aw, who am I kidding? It's objectively interesting!
Check it out! The teal will be so pretty on your shelves-and the insides are pretty great, too, if you are interested in patent law. Aw, who am I kidding? It's objectively interesting!
Basque cheesecake is supposed to look burnt, but is it supposed to look possessed?
December 30, 2025 at 10:13 PM
Basque cheesecake is supposed to look burnt, but is it supposed to look possessed?
I’m pleased to report that Law & History Review’s The Docket has posted my short article, “Judge Platt Potter: Politics and Principle in Interbranch Conflict.”
@lawandhistrev.bsky.social
Short 🧵
@lawandhistrev.bsky.social
Short 🧵
Aaron-Andrew Bruhl–Judge Platt Potter: Politics and Principle in Interbranch Conflict – Law & History Review
lawandhistoryreview.org
December 30, 2025 at 2:04 PM
I’m pleased to report that Law & History Review’s The Docket has posted my short article, “Judge Platt Potter: Politics and Principle in Interbranch Conflict.”
@lawandhistrev.bsky.social
Short 🧵
@lawandhistrev.bsky.social
Short 🧵
We’re now more than half way through the 60-day deadline the 11th Circuit imposed on the district court after declaring “undue delay” in ruling on the Smith report.
Acknowledging "undue delay," Eleventh Circuit effectively orders Judge Cannon to rule on motions to release Jack Smith's Vol 2 report (on the classified documents case) within 60 days.
December 9, 2025 at 3:24 PM
We’re now more than half way through the 60-day deadline the 11th Circuit imposed on the district court after declaring “undue delay” in ruling on the Smith report.
Got to be a first for the shadow docket: an article on a GVR is the third item from the top on the NY Times website and app (as it currently displays to me, anyway).
www.nytimes.com/2025/12/08/n...
www.nytimes.com/2025/12/08/n...
Supreme Court Questions N.Y. Ban on Religious Exemptions for Vaccines
www.nytimes.com
December 9, 2025 at 2:10 PM
Got to be a first for the shadow docket: an article on a GVR is the third item from the top on the NY Times website and app (as it currently displays to me, anyway).
www.nytimes.com/2025/12/08/n...
www.nytimes.com/2025/12/08/n...
This line of questioning about, “Could Congress make EPA or Dept. Ed into an indep multimember commission?” is really striking, on the questioners’ side. Imperial Prez is no big deal; Congress exercising some authority over the shape of gov’t is beyond the pale, the ultimate reductio ad absurdum.
December 8, 2025 at 4:27 PM
This line of questioning about, “Could Congress make EPA or Dept. Ed into an indep multimember commission?” is really striking, on the questioners’ side. Imperial Prez is no big deal; Congress exercising some authority over the shape of gov’t is beyond the pale, the ultimate reductio ad absurdum.
I like nonmutual defensive collateral estoppel and the LA Dodgers. I recognize that not all agree, so can someone who is good at the economy help me do an initial coin offering so I can make money off of counterparties to these opinions.
The co-founder of Kalshi says: " The long-term vision is to financialize everything and create a tradable asset out of any difference in opinion."
December 3, 2025 at 10:33 PM
I like nonmutual defensive collateral estoppel and the LA Dodgers. I recognize that not all agree, so can someone who is good at the economy help me do an initial coin offering so I can make money off of counterparties to these opinions.
The #SCOTUS oral argument in Olivier v. City of Brandon, happening now, is pretty interesting. The justices are struggling with the broad language of Heck v. Humphrey and how following it here would lead to a pretty awkward result.
Supreme Court of the United States Home
www.supremecourt.gov
December 3, 2025 at 3:42 PM
The #SCOTUS oral argument in Olivier v. City of Brandon, happening now, is pretty interesting. The justices are struggling with the broad language of Heck v. Humphrey and how following it here would lead to a pretty awkward result.
Introduce yourself with five concerts you’ve seen:
1. Violent Femmes
2. Ozomatli (before they were famous)
3. REM (at height of fame)
4. @eve6.bsky.social
5. Willie Nelson (at Houston Rodeo)
1. Violent Femmes
2. Ozomatli (before they were famous)
3. REM (at height of fame)
4. @eve6.bsky.social
5. Willie Nelson (at Houston Rodeo)
Introduce yourself with 5 concerts you've seen:
(These are my last four and the next one)
1. Simple Minds
2. Sam Fender
3. @thomasdolby.bsky.social
4. Couch
5. Ben Watt and @traceythorn.bsky.social
(These are my last four and the next one)
1. Simple Minds
2. Sam Fender
3. @thomasdolby.bsky.social
4. Couch
5. Ben Watt and @traceythorn.bsky.social
Introduce yourself with 5 concerts you've seen:
1) Bajofondo Tango Club
2) U2
3) Janelle Monae
4) Gogol Bordello
5) Flogging Molly
1) Bajofondo Tango Club
2) U2
3) Janelle Monae
4) Gogol Bordello
5) Flogging Molly
November 28, 2025 at 7:04 PM
Introduce yourself with five concerts you’ve seen:
1. Violent Femmes
2. Ozomatli (before they were famous)
3. REM (at height of fame)
4. @eve6.bsky.social
5. Willie Nelson (at Houston Rodeo)
1. Violent Femmes
2. Ozomatli (before they were famous)
3. REM (at height of fame)
4. @eve6.bsky.social
5. Willie Nelson (at Houston Rodeo)
This week’s scorecard of German Idealism in legal documents:
Kant 1
Hegel ?
Left: Hunter Biden motion for default judgment
Right: Judge Smith’s dissent in Texas redistricting case
(Smith’s reference is obviously meant to be negative, but given the tenor of the dissent, how to score?)
Kant 1
Hegel ?
Left: Hunter Biden motion for default judgment
Right: Judge Smith’s dissent in Texas redistricting case
(Smith’s reference is obviously meant to be negative, but given the tenor of the dissent, how to score?)
November 20, 2025 at 4:11 PM
This week’s scorecard of German Idealism in legal documents:
Kant 1
Hegel ?
Left: Hunter Biden motion for default judgment
Right: Judge Smith’s dissent in Texas redistricting case
(Smith’s reference is obviously meant to be negative, but given the tenor of the dissent, how to score?)
Kant 1
Hegel ?
Left: Hunter Biden motion for default judgment
Right: Judge Smith’s dissent in Texas redistricting case
(Smith’s reference is obviously meant to be negative, but given the tenor of the dissent, how to score?)
It is officially “dogs trying to hide in raked-up piles of leaves” season.
November 15, 2025 at 12:20 AM
It is officially “dogs trying to hide in raked-up piles of leaves” season.
Reposted by Aaron Bruhl
Friday reading recommendation: my new article, “The Amended Statute,” which is now out with @uchilrev.bsky.social! Hope you’ll check it out!
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
The Amended Statute
We live in a republic of amended statutes. In each Congress, our laws are amended tens of thousands of times. Individual statutes make amendments that number in
papers.ssrn.com
September 12, 2025 at 2:17 PM
Friday reading recommendation: my new article, “The Amended Statute,” which is now out with @uchilrev.bsky.social! Hope you’ll check it out!
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
I missed this when it was posted.
Among my other things, some nice points about congressional reliance on Humphrey’s Executor:
Among my other things, some nice points about congressional reliance on Humphrey’s Executor:
October 21, 2025 at 9:27 PM
I missed this when it was posted.
Among my other things, some nice points about congressional reliance on Humphrey’s Executor:
Among my other things, some nice points about congressional reliance on Humphrey’s Executor:
Ok, make that two kings.
No kings but Mookie Betts.
That's our starting shortstop, Mookie Betts!
October 18, 2025 at 2:47 AM
Ok, make that two kings.
No kings but Mookie Betts.
That's our starting shortstop, Mookie Betts!
October 17, 2025 at 1:06 PM
No kings but Mookie Betts.
Reposted by Aaron Bruhl
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
legaltheoryblog.com
October 9, 2025 at 3:01 PM
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.
This morning SCOTUS heard Berk v. Choy, a Civil Procedure case about the Erie doctrine. The state requires an “affidavit of merit” to accompany medical malpractice complaints. Does it apply in federal court?
I listened to the oral argument.
Reactions in next post.
Docket and briefs at this link:
I listened to the oral argument.
Reactions in next post.
Docket and briefs at this link:
Search
www.supremecourt.gov
October 6, 2025 at 4:29 PM
This morning SCOTUS heard Berk v. Choy, a Civil Procedure case about the Erie doctrine. The state requires an “affidavit of merit” to accompany medical malpractice complaints. Does it apply in federal court?
I listened to the oral argument.
Reactions in next post.
Docket and briefs at this link:
I listened to the oral argument.
Reactions in next post.
Docket and briefs at this link:
The Supreme Court’s reference, in QP 2 in the Slaugher removal case, to “at equity or at law,” rather than using the traditional formulaic prepositions “in equity or at law” stands as a stark contrast to its embrace of “history and tradition.” In this essay I will …
#pedantry
#pedantry
September 29, 2025 at 3:50 PM
The Supreme Court’s reference, in QP 2 in the Slaugher removal case, to “at equity or at law,” rather than using the traditional formulaic prepositions “in equity or at law” stands as a stark contrast to its embrace of “history and tradition.” In this essay I will …
#pedantry
#pedantry
I went to the library to get High on Extraordinary Legal Remedies.
September 22, 2025 at 8:15 PM
I went to the library to get High on Extraordinary Legal Remedies.
Given the Supreme Court’s grant of a stay (which allows FTC member’s ouster) and its grant of certiorari on the remedies question as well as on the merits of Humprey’s Executor, this from Sam Bray is sure timely:
@dividedargument.bsky.social
@dividedargument.bsky.social
Remedies in the Officer Removal Cases
A brief note that I have just posted a draft paper on SSRN called Remedies in the Officer Removal Cases. Here’s the abstract:
blog.dividedargument.com
September 22, 2025 at 7:57 PM
Given the Supreme Court’s grant of a stay (which allows FTC member’s ouster) and its grant of certiorari on the remedies question as well as on the merits of Humprey’s Executor, this from Sam Bray is sure timely:
@dividedargument.bsky.social
@dividedargument.bsky.social
A brag and a request for teaching ideas:
I am honored to be this year’s Kelly Professor for Excellence in Teaching. The professorship comes with the duty to present lunchtime sessions to my colleagues on teaching-related themes. What ideas do you have?
I am honored to be this year’s Kelly Professor for Excellence in Teaching. The professorship comes with the duty to present lunchtime sessions to my colleagues on teaching-related themes. What ideas do you have?
September 19, 2025 at 2:26 PM
A brag and a request for teaching ideas:
I am honored to be this year’s Kelly Professor for Excellence in Teaching. The professorship comes with the duty to present lunchtime sessions to my colleagues on teaching-related themes. What ideas do you have?
I am honored to be this year’s Kelly Professor for Excellence in Teaching. The professorship comes with the duty to present lunchtime sessions to my colleagues on teaching-related themes. What ideas do you have?