Kevin Tobia
@kevintobia.bsky.social
Law Professor at Georgetown. Legal interpretation, Supreme Court, philosophy, experimental jurisprudence, law & tech
Bio: https://bit.ly/4hQXQil | Papers: https://bit.ly/3OkT2nH 🏳️🌈
Bio: https://bit.ly/4hQXQil | Papers: https://bit.ly/3OkT2nH 🏳️🌈
Reposted by Kevin Tobia
Very excited that @gelbach.bsky.social & I will be publishing "Bruen's Tenth Amendment Problem" in the @uchilrev.bsky.social!
Our central arg is that Bruen's erasure of unexercised powers violates the 10th Am's preservation of existing State power. Comments welcome!
papers.ssrn.com/sol3/papers....
Our central arg is that Bruen's erasure of unexercised powers violates the 10th Am's preservation of existing State power. Comments welcome!
papers.ssrn.com/sol3/papers....
February 9, 2026 at 4:14 PM
Very excited that @gelbach.bsky.social & I will be publishing "Bruen's Tenth Amendment Problem" in the @uchilrev.bsky.social!
Our central arg is that Bruen's erasure of unexercised powers violates the 10th Am's preservation of existing State power. Comments welcome!
papers.ssrn.com/sol3/papers....
Our central arg is that Bruen's erasure of unexercised powers violates the 10th Am's preservation of existing State power. Comments welcome!
papers.ssrn.com/sol3/papers....
Reposted by Kevin Tobia
In Large Language Models for Legal Interpretation? Don’t Take Their Word for It, Brandon Waldon, @complingy.bsky.social, @wegotlieb.bsky.social, Amir Zeldes & @kevintobia.bsky.social outline the dangers of using LLMs as a resource for legal interpretation & suggest how to use AI responsibly.
February 6, 2026 at 9:27 PM
In Large Language Models for Legal Interpretation? Don’t Take Their Word for It, Brandon Waldon, @complingy.bsky.social, @wegotlieb.bsky.social, Amir Zeldes & @kevintobia.bsky.social outline the dangers of using LLMs as a resource for legal interpretation & suggest how to use AI responsibly.
Reposted by Kevin Tobia
New experimental jurisprudence paper from Iza Skoczen on the legal concept PERJURY vs. the ordinary concept LYING
This paper introduces a surprising new view about the relationship between legal concepts and ordinary concepts
@izaskoczen.bsky.social
x.com/izaskoczen/s...
This paper introduces a surprising new view about the relationship between legal concepts and ordinary concepts
@izaskoczen.bsky.social
x.com/izaskoczen/s...
February 2, 2026 at 5:39 PM
New experimental jurisprudence paper from Iza Skoczen on the legal concept PERJURY vs. the ordinary concept LYING
This paper introduces a surprising new view about the relationship between legal concepts and ordinary concepts
@izaskoczen.bsky.social
x.com/izaskoczen/s...
This paper introduces a surprising new view about the relationship between legal concepts and ordinary concepts
@izaskoczen.bsky.social
x.com/izaskoczen/s...
Great article from @jammacleod1.bsky.social on rules, standards, and textualism.
A review of recent SCOTUS statutory decisions finds that "today’s split decisions typically concern the interpretation of standard-like textual provisions," not rule-like ones.
michiganlawreview.org/journal/stan...
A review of recent SCOTUS statutory decisions finds that "today’s split decisions typically concern the interpretation of standard-like textual provisions," not rule-like ones.
michiganlawreview.org/journal/stan...
Standard Textualism - Michigan Law Review
For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been understood to produce characteristically rule-like law. This Article argues for the op...
michiganlawreview.org
February 1, 2026 at 6:58 PM
Great article from @jammacleod1.bsky.social on rules, standards, and textualism.
A review of recent SCOTUS statutory decisions finds that "today’s split decisions typically concern the interpretation of standard-like textual provisions," not rule-like ones.
michiganlawreview.org/journal/stan...
A review of recent SCOTUS statutory decisions finds that "today’s split decisions typically concern the interpretation of standard-like textual provisions," not rule-like ones.
michiganlawreview.org/journal/stan...
Reposted by Kevin Tobia
My article “The Plain-Meaning Fallacy” just published in the B.C. L. Rev.! My favorite illustration of the plain-meaning fallacy is originalist arguments regarding the President’s removal power—an issue now pending before SCOTUS. Here’s a quick explanation 🧵
bclawreview.bc.edu/articles/10....
bclawreview.bc.edu/articles/10....
The Plain-Meaning Fallacy | Boston College Law Review
bclawreview.bc.edu
January 30, 2026 at 2:37 PM
My article “The Plain-Meaning Fallacy” just published in the B.C. L. Rev.! My favorite illustration of the plain-meaning fallacy is originalist arguments regarding the President’s removal power—an issue now pending before SCOTUS. Here’s a quick explanation 🧵
bclawreview.bc.edu/articles/10....
bclawreview.bc.edu/articles/10....
Reposted by Kevin Tobia
Readers, today is the exciting launch day for my book!
How to Tax the Ultrarich
bit.ly/4rk6wBM
In partnership with the great economic policy team @rooseveltinstitute.org
A few threads will follow. 1st, the key takeaway: even w/ *this* Supreme Court, we can tax wealth at the federal level.
1/12
How to Tax the Ultrarich
bit.ly/4rk6wBM
In partnership with the great economic policy team @rooseveltinstitute.org
A few threads will follow. 1st, the key takeaway: even w/ *this* Supreme Court, we can tax wealth at the federal level.
1/12
How to Tax the Ultrarich
Learn about the Fair Share Tax (FAST), a practical, constitutionally sound plan to tax the ultrarich, close loopholes, and prevent dynastic wealth accumulation.
bit.ly
January 29, 2026 at 6:30 PM
Readers, today is the exciting launch day for my book!
How to Tax the Ultrarich
bit.ly/4rk6wBM
In partnership with the great economic policy team @rooseveltinstitute.org
A few threads will follow. 1st, the key takeaway: even w/ *this* Supreme Court, we can tax wealth at the federal level.
1/12
How to Tax the Ultrarich
bit.ly/4rk6wBM
In partnership with the great economic policy team @rooseveltinstitute.org
A few threads will follow. 1st, the key takeaway: even w/ *this* Supreme Court, we can tax wealth at the federal level.
1/12
Reposted by Kevin Tobia
Fantastic piece from @stevevladeck.bsky.social & @barryfriedman1.bsky.social on how to hold federal law enforcement accountable. As they note, an even better solution would be for Congress to codify Bivens.
In today's @nytimes.com, @barryfriedman1.bsky.social and I argue that, with no *other* means of pursuing accountability for lawlessness by ICE, local/state prosecutions become not just legally viable, but necessary—both to punish past abuses and to deter future ones:
www.nytimes.com/2026/01/26/o...
www.nytimes.com/2026/01/26/o...
Opinion | Local Prosecution Is the Answer to Federal Lawlessness
www.nytimes.com
January 26, 2026 at 2:20 PM
Fantastic piece from @stevevladeck.bsky.social & @barryfriedman1.bsky.social on how to hold federal law enforcement accountable. As they note, an even better solution would be for Congress to codify Bivens.
Reposted by Kevin Tobia
Apropos of the TikTok news last week, I have a piece coming out abt how the Supreme Court's decision to uphold the ban-or-sale law belongs in the First Amendment anticanon. It's not just wrong, but so wrong we should hold it up as an exceptional symbol of wrongness.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
TikTok v. Garland and the First Amendment Anticanon
<p><span>This essay argues that last term’s decision in <i>TikTok v. Garland</i>, which unanimously upheld the federal law that sought to ban TikTok in the Unit
papers.ssrn.com
January 26, 2026 at 3:58 PM
Apropos of the TikTok news last week, I have a piece coming out abt how the Supreme Court's decision to uphold the ban-or-sale law belongs in the First Amendment anticanon. It's not just wrong, but so wrong we should hold it up as an exceptional symbol of wrongness.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Kevin Tobia
I've just uploaded a revised version of "The Chadha Presidency" to SSRN. The revisions both account for some incredibly helpful feedback I've gotten from colleagues and also bring the discussion of the Trump presidency up to date (as of today). papers.ssrn.com/sol3/papers....
The <i>Chadha </i>Presidency
<p><span>Where is Congress? Why hasn’t it reined in some of the worst abuses of the Trump Administration? This Article argues that a significant part of the ans
papers.ssrn.com
January 22, 2026 at 4:38 PM
I've just uploaded a revised version of "The Chadha Presidency" to SSRN. The revisions both account for some incredibly helpful feedback I've gotten from colleagues and also bring the discussion of the Trump presidency up to date (as of today). papers.ssrn.com/sol3/papers....
Reposted by Kevin Tobia
It was an honor to receive the Emerging Scholar Award from the AALS Legislation Section — especially while seated next to Bill Eskridge and Mary Ann Bernard (Phil Frickey’s widow).
Thanks @kevintobia.bsky.social for the kind words about my work.
Thanks @kevintobia.bsky.social for the kind words about my work.
January 7, 2026 at 3:39 AM
It was an honor to receive the Emerging Scholar Award from the AALS Legislation Section — especially while seated next to Bill Eskridge and Mary Ann Bernard (Phil Frickey’s widow).
Thanks @kevintobia.bsky.social for the kind words about my work.
Thanks @kevintobia.bsky.social for the kind words about my work.
Reposted by Kevin Tobia
A vivid lesson for law students and young lawyers: Statutory interpretation--and, in particular, asking "What was Congress up to here?"--can make a real difference!
www.nytimes.com/2025/12/31/u...
www.nytimes.com/2025/12/31/u...
Trump Abandons Efforts to Deploy National Guard to 3 Major Cities
www.nytimes.com
January 1, 2026 at 5:12 PM
A vivid lesson for law students and young lawyers: Statutory interpretation--and, in particular, asking "What was Congress up to here?"--can make a real difference!
www.nytimes.com/2025/12/31/u...
www.nytimes.com/2025/12/31/u...
Reposted by Kevin Tobia
Really fantastic new piece by my colleague Dave Rapallo. The most comprehensive treatment I've seen of minority investigative powers in Congress. papers.ssrn.com/sol3/papers....
Mapping Minority Investigative Powers in Congress
"Shut down the Senate…" "Roll over and play dead…" In the first hundred days of Donald Trump's second term, these were the rallying cries of
papers.ssrn.com
December 29, 2025 at 8:14 PM
Really fantastic new piece by my colleague Dave Rapallo. The most comprehensive treatment I've seen of minority investigative powers in Congress. papers.ssrn.com/sol3/papers....
Reposted by Kevin Tobia
The Supreme Court’s refusal to let the Trump administration deploy National Guard troops in the Chicago area was in large part the result of a friend-of-the-court brief written over a weekend and submitted by a Georgetown law professor.
Here's who he is, and why the brief proved so important.
Here's who he is, and why the brief proved so important.
How a Scholar Nudged the Supreme Court Toward Its Troop Deployment Ruling
Accepting an argument from a law professor that no party to the case had made, the Supreme Court handed the Trump administration a stinging loss that could lead to more aggressive tactics.
nyti.ms
December 24, 2025 at 7:45 PM
The Supreme Court’s refusal to let the Trump administration deploy National Guard troops in the Chicago area was in large part the result of a friend-of-the-court brief written over a weekend and submitted by a Georgetown law professor.
Here's who he is, and why the brief proved so important.
Here's who he is, and why the brief proved so important.
Reposted by Kevin Tobia
Big ups to Marty Lederman @martylederman.bsky.social who flagged this argument that SCOTUS relied on (that regular forces refer to military forces, not federal law enforcement).
NEW: By a 6-3 vote, the Supreme Court blocks Trump’s deployment of the National Guard to Chicago to assist immigration agents. A majority holds that he likely lacks authority to do so. Thomas, Alito, and Gorsuch dissent. www.supremecourt.gov/opinions/25p...
![The Government asked this Court to stay the District Court's order. After the response and reply were filed, JUSTICE BARRETT referred the application to the Court. We directed the parties to file supplemental letter briefs on an issue that the District Court had addressed but the parties' initial briefs had not: the meaning of the term "regular forces" in §12406(3). In its supplemental brief, the Government argues that the term refers to civilian law enforcement officers, such as those employed by Immigration and Customs Enforcement or the Federal Protective Service.
Respondents, echoing the District Court, maintain that the term refers to the regular forces of the United States mili-tary.
We conclude that the term "regular forces" in §12406(3) likely refers to the regular forces of the United States mili-tary. This interpretation means that to call the Guard into active federal service under §12406(3), the President must be "unable" with the regular military "to execute the laws of the United States." Because the statute requires an assessment of the military's ability to execute the laws, it likely applies only where the military could legally execute the laws. Such circumstances are exceptional: Under the Posse Comitatus Act, the military is prohibited from "execut[ing] the laws" "except in cases and under circumstances expressly authorized by the Constitution or Act of Congress."
18 U. S. C. §1385. So before the President can federalize the Guard under §12406(3), he likely must have statutory or constitutional authority to execute the laws with the regular military and must be "unable" with those forces to perform that function.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreiftbhzwvn3vgwhqsi7k2paizvdw4t26ailljvovso3chqupnmj364@jpeg)
December 23, 2025 at 8:25 PM
Big ups to Marty Lederman @martylederman.bsky.social who flagged this argument that SCOTUS relied on (that regular forces refer to military forces, not federal law enforcement).
Reposted by Kevin Tobia
Bystranowski et al on the Empirical Turn in Statutory Interpretation
Piotr Bystranowski (Interdisciplinary Centre for Ethics; Jagiellonian University; Max-Planck-Institut für Verhaltenökonomik), Ivar Hannikainen (Department of Philosophy I, University of Granada), Guilherme Almeida (Insper),…
Piotr Bystranowski (Interdisciplinary Centre for Ethics; Jagiellonian University; Max-Planck-Institut für Verhaltenökonomik), Ivar Hannikainen (Department of Philosophy I, University of Granada), Guilherme Almeida (Insper),…
Bystranowski et al on the Empirical Turn in Statutory Interpretation
Piotr Bystranowski (Interdisciplinary Centre for Ethics; Jagiellonian University; Max-Planck-Institut für Verhaltenökonomik), Ivar Hannikainen (Department of Philosophy I, University of Granada), Guilherme Almeida (Insper), & Kevin Tobia (Georgetown University Law Center) have posted Statutory Interpretation’s Empirical Turn: Empirical Contributions to Cases, Doctrine, and Theory (The Cambridge Handbook of Comparative Statutory Interpretation in the Common Law World) on SSRN. Here is the abstract:
legaltheoryblog.com
December 8, 2025 at 12:30 PM
Bystranowski et al on the Empirical Turn in Statutory Interpretation
Piotr Bystranowski (Interdisciplinary Centre for Ethics; Jagiellonian University; Max-Planck-Institut für Verhaltenökonomik), Ivar Hannikainen (Department of Philosophy I, University of Granada), Guilherme Almeida (Insper),…
Piotr Bystranowski (Interdisciplinary Centre for Ethics; Jagiellonian University; Max-Planck-Institut für Verhaltenökonomik), Ivar Hannikainen (Department of Philosophy I, University of Granada), Guilherme Almeida (Insper),…
Reposted by Kevin Tobia
If you want a read about the recent anti-constituonal attempt to denaturalize American children from their claim to birthright citizenship using bad history, @evanbernick.bsky.social, @gowder.io, I wrote about it in the Cornell Law Review Online. publications.lawschool.cornell.edu/lawreview/wp...
December 5, 2025 at 7:27 PM
If you want a read about the recent anti-constituonal attempt to denaturalize American children from their claim to birthright citizenship using bad history, @evanbernick.bsky.social, @gowder.io, I wrote about it in the Cornell Law Review Online. publications.lawschool.cornell.edu/lawreview/wp...
This is a fascinating new experimental jurisprudence paper from Chris Jaeger on what is "reasonable."
For laypeople's judgments of reasonableness, the probability of harm (P) has an important effect beyond its role in the B
yalelawjournal.org/article/the-...
For laypeople's judgments of reasonableness, the probability of harm (P) has an important effect beyond its role in the B
yalelawjournal.org/article/the-...
The Hand Formula’s Unequal Inputs | Yale Law Journal
Tort law’s famous Hand Formula does not align with how laypeople judge whether conduct is reasonable. Five original experiments demonstrate that the Hand...
yalelawjournal.org
December 5, 2025 at 1:38 PM
This is a fascinating new experimental jurisprudence paper from Chris Jaeger on what is "reasonable."
For laypeople's judgments of reasonableness, the probability of harm (P) has an important effect beyond its role in the B
yalelawjournal.org/article/the-...
For laypeople's judgments of reasonableness, the probability of harm (P) has an important effect beyond its role in the B
yalelawjournal.org/article/the-...
Reposted by Kevin Tobia
Just had a chance to skim this — fantastic piece, that nicely brings together the new literature on the meaning of “quasi-judicial” with new research to show why originalists and the Court should be on board with the doctrine. Lots more to like here — I just hope SCOTUS sees it!!!
(1) New essay and blog post up that are coauthored with the great @jedshug.bsky.social We bring together a decade of scholarship to argue that the quasi-judicial category is both consistent w/ original public meaning and synonymous with a deeper Anglo-American “history and tradition.”
Quasi-Judicial: A History and Tradition
<div>
<p><span>In the process of bulldozing the unitary executive theory, scholars have made several seemingly unrelated discoveries. First, "judicial&quo
papers.ssrn.com
December 5, 2025 at 1:21 PM
Just had a chance to skim this — fantastic piece, that nicely brings together the new literature on the meaning of “quasi-judicial” with new research to show why originalists and the Court should be on board with the doctrine. Lots more to like here — I just hope SCOTUS sees it!!!
Reposted by Kevin Tobia
Excited to see my paper "What Are We Debating When We Debate Legal Interpretation?" published today in the B.U. L. Rev. (@bulawreview.bsky.social)! Published next to it is a terrific and constructive response by Francisco Urbina. Both the paper and the response are here: www.bu.edu/bulawreview/...
November 20, 2025 at 4:57 PM
Excited to see my paper "What Are We Debating When We Debate Legal Interpretation?" published today in the B.U. L. Rev. (@bulawreview.bsky.social)! Published next to it is a terrific and constructive response by Francisco Urbina. Both the paper and the response are here: www.bu.edu/bulawreview/...
Reposted by Kevin Tobia
I've posted a (lightly) revised version of The Chadha Presidency, which takes account of recent tariff disapproval votes and a few other new developments. papers.ssrn.com/sol3/papers....
The <i>Chadha </i>Presidency
Where is Congress? Why hasn’t it reined in some of the worst abuses of the Trump Administration? This Article argues that a significant part of the answer to th
papers.ssrn.com
October 31, 2025 at 4:01 PM
I've posted a (lightly) revised version of The Chadha Presidency, which takes account of recent tariff disapproval votes and a few other new developments. papers.ssrn.com/sol3/papers....
Reposted by Kevin Tobia
There's a longstanding debate over the value of law professor amicus briefs at #SCOTUS.
I'll just note that the additional briefing the Court ordered today in the Illinois National Guard case was in direct response to an amicus brief filed by ... a law professor (@martylederman.bsky.social).
I'll just note that the additional briefing the Court ordered today in the Illinois National Guard case was in direct response to an amicus brief filed by ... a law professor (@martylederman.bsky.social).
October 30, 2025 at 3:32 AM
There's a longstanding debate over the value of law professor amicus briefs at #SCOTUS.
I'll just note that the additional briefing the Court ordered today in the Illinois National Guard case was in direct response to an amicus brief filed by ... a law professor (@martylederman.bsky.social).
I'll just note that the additional briefing the Court ordered today in the Illinois National Guard case was in direct response to an amicus brief filed by ... a law professor (@martylederman.bsky.social).
Reposted by Kevin Tobia
🚨🗣️ The talk given by Ivar R. Hannikainen at the IAS Seminar is now available to view on our YouTube channel. Please click on the link below to access the video
𝐌𝐨𝐫𝐚𝐥𝐢𝐭𝐲, 𝐜𝐨𝐨𝐫𝐝𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐥𝐚𝐰
www.youtube.com/watch?v=m7va...
𝐌𝐨𝐫𝐚𝐥𝐢𝐭𝐲, 𝐜𝐨𝐨𝐫𝐝𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐥𝐚𝐰
www.youtube.com/watch?v=m7va...
Ivar R. Hannikainen - Morality, coordination and law
YouTube video by IAS Research
www.youtube.com
October 10, 2025 at 10:45 AM
🚨🗣️ The talk given by Ivar R. Hannikainen at the IAS Seminar is now available to view on our YouTube channel. Please click on the link below to access the video
𝐌𝐨𝐫𝐚𝐥𝐢𝐭𝐲, 𝐜𝐨𝐨𝐫𝐝𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐥𝐚𝐰
www.youtube.com/watch?v=m7va...
𝐌𝐨𝐫𝐚𝐥𝐢𝐭𝐲, 𝐜𝐨𝐨𝐫𝐝𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐥𝐚𝐰
www.youtube.com/watch?v=m7va...
Reposted by Kevin Tobia
This is a big one! A 4-year writing project over many timezones, arguing for a reimagining of the influential "core knowledge" thesis.
Led by @daweibai.bsky.social, we argue that much of our innate knowledge of the world is not "conceptual" in nature, but rather wired into perceptual processing. 👇
Led by @daweibai.bsky.social, we argue that much of our innate knowledge of the world is not "conceptual" in nature, but rather wired into perceptual processing. 👇
October 9, 2025 at 4:31 PM
This is a big one! A 4-year writing project over many timezones, arguing for a reimagining of the influential "core knowledge" thesis.
Led by @daweibai.bsky.social, we argue that much of our innate knowledge of the world is not "conceptual" in nature, but rather wired into perceptual processing. 👇
Led by @daweibai.bsky.social, we argue that much of our innate knowledge of the world is not "conceptual" in nature, but rather wired into perceptual processing. 👇
In Nix v. Hedden (1893), the Supreme Court held that a tomato is a vegetable. But there's more to the story... 🍅🧵
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Nix v. Hedden
In the study of American statutory interpretation, Nix v. Hedden (1893) exemplifies the primacy of ordinary meaning. The Court famously held that, in a tariff a
papers.ssrn.com
October 7, 2025 at 3:29 PM
In Nix v. Hedden (1893), the Supreme Court held that a tomato is a vegetable. But there's more to the story... 🍅🧵
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Kevin Tobia
"People really forget that we're human beings."
I wrote about the deep challenges facing Black transgender youth and their families and the support network some are creating to help others navigate a moment of heightened political hostility. capitalbnews.org/black-parent...
I wrote about the deep challenges facing Black transgender youth and their families and the support network some are creating to help others navigate a moment of heightened political hostility. capitalbnews.org/black-parent...
No One Was Helping Black Transgender Youth. So These Parents Stepped In.
A new nonprofit provides resources to Black families of transgender and nonbinary youth at a moment of heightened political hostility.
capitalbnews.org
October 6, 2025 at 3:00 PM
"People really forget that we're human beings."
I wrote about the deep challenges facing Black transgender youth and their families and the support network some are creating to help others navigate a moment of heightened political hostility. capitalbnews.org/black-parent...
I wrote about the deep challenges facing Black transgender youth and their families and the support network some are creating to help others navigate a moment of heightened political hostility. capitalbnews.org/black-parent...