Adam Zimmerman
@profadamszimmerman.bsky.social
Law Professor at USC Gould School of Law
SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1026179
SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1026179
Pinned
Hot off the press in the
@YaleLJournal “Ghostwriting Federalism.” It’s the first to comprehensively map how federal agencies help states write state legislation and explore what it means for administrative law & federalism. papers.ssrn.com/sol3/papers....
@YaleLJournal “Ghostwriting Federalism.” It’s the first to comprehensively map how federal agencies help states write state legislation and explore what it means for administrative law & federalism. papers.ssrn.com/sol3/papers....
Reposted by Adam Zimmerman
160 faculty from all 5 UC law schools signed this open letter detailing why the Trump demands to UCLA are unlawful, unconstitutional, and wrong: sites.google.com/view/uclawfa... Great to work with @fishkin.bsky.social @blakeprof.bsky.social @seanashiffrin.bsky.social on this statement.
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UC Law Faculty to Regents: Resist the Unlawful Demands
sites.google.com
November 7, 2025 at 7:05 PM
160 faculty from all 5 UC law schools signed this open letter detailing why the Trump demands to UCLA are unlawful, unconstitutional, and wrong: sites.google.com/view/uclawfa... Great to work with @fishkin.bsky.social @blakeprof.bsky.social @seanashiffrin.bsky.social on this statement.
Reposted by Adam Zimmerman
Reposted by Adam Zimmerman
Oral argument today in Bowe v US presents one of the most profound constitutional questions: Just how much power does Article III's Exceptions Clause give Congress to strip SCOTUS of appellate jurisdiction? I offer some history and context in my latest column for @justiaverdict.bsky.social 👇
Will SCOTUS Decide What Its “Essential Functions” Are?
Cornell Law professor Michael C. Dorf discusses the U.S. Supreme Court case Bowe v. United States, which raises the question of whether limits on successive habeas petitions for state prisoners also a...
verdict.justia.com
October 14, 2025 at 11:49 AM
Oral argument today in Bowe v US presents one of the most profound constitutional questions: Just how much power does Article III's Exceptions Clause give Congress to strip SCOTUS of appellate jurisdiction? I offer some history and context in my latest column for @justiaverdict.bsky.social 👇
Reposted by Adam Zimmerman
I wonder if this new effort opens up opportunities for a Rule 23(b)(2) nationwide class. There are ripeness Qs, but they could be overcome in the 1A context. And the logic of mandatory class action is also about overcoming just such collective action problems. review.law.stanford.edu/wp-content/u...
review.law.stanford.edu
October 14, 2025 at 5:32 AM
I wonder if this new effort opens up opportunities for a Rule 23(b)(2) nationwide class. There are ripeness Qs, but they could be overcome in the 1A context. And the logic of mandatory class action is also about overcoming just such collective action problems. review.law.stanford.edu/wp-content/u...
Reposted by Adam Zimmerman
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.
I spoke to @bloomberg.com about a new SEC proposal that would gut securities class actions by sending securities cases into mandatory arbitration.
TLDR: States would have to go along--and even then--it could backfire--sparking costly forms of mass arbitration. news.bloomberglaw.com/litigation/s...
TLDR: States would have to go along--and even then--it could backfire--sparking costly forms of mass arbitration. news.bloomberglaw.com/litigation/s...
SEC Shift on Arbitration Sparks Strategies to Counter Its Effect
An SEC policy change enabling companies going public to shunt securities fraud claims into binding arbitration before they’re ever filed in court is already prompting ideas about how to turn the table...
news.bloomberglaw.com
September 25, 2025 at 5:57 PM
I spoke to @bloomberg.com about a new SEC proposal that would gut securities class actions by sending securities cases into mandatory arbitration.
TLDR: States would have to go along--and even then--it could backfire--sparking costly forms of mass arbitration. news.bloomberglaw.com/litigation/s...
TLDR: States would have to go along--and even then--it could backfire--sparking costly forms of mass arbitration. news.bloomberglaw.com/litigation/s...
1. Word to the wise: Don't tell your nemesis about when you hold your class. He may zoom-bomb you and try to serve your Civil Procedure class with a frivolous lawsuit from Texas in the chat!
A 🧵on the hurdles to service via Zoom-bombing.
A 🧵on the hurdles to service via Zoom-bombing.
September 16, 2025 at 5:23 PM
1. Word to the wise: Don't tell your nemesis about when you hold your class. He may zoom-bomb you and try to serve your Civil Procedure class with a frivolous lawsuit from Texas in the chat!
A 🧵on the hurdles to service via Zoom-bombing.
A 🧵on the hurdles to service via Zoom-bombing.
1. My 9-11 story. On September 11, I was clerking for Judge Jack B.Weinstein—a legendary jurist, scholar and person—who also happened to have an unobstructed view of the World Trade Center from the Brooklyn federal courthouse.
September 11, 2025 at 4:50 PM
1. My 9-11 story. On September 11, I was clerking for Judge Jack B.Weinstein—a legendary jurist, scholar and person—who also happened to have an unobstructed view of the World Trade Center from the Brooklyn federal courthouse.
Reposted by Adam Zimmerman
I've been thinking a lot about Judge Sutton's decision in Thomas Moore v Obama in connection with what the district courts are faced with today. He was right then to follow what the law was, and the district judges are right now. See below for a good take:
www.dorfonlaw.org/2025/09/what...
www.dorfonlaw.org/2025/09/what...
What Should a Lower Federal Court Judge Do When SCOTUS Plays Calvinball?
Last week, Federal District Court Judge Allison Burroughs handed Harvard a major victory in its lawsuit challenging the Trump administratio...
www.dorfonlaw.org
September 11, 2025 at 1:54 PM
I've been thinking a lot about Judge Sutton's decision in Thomas Moore v Obama in connection with what the district courts are faced with today. He was right then to follow what the law was, and the district judges are right now. See below for a good take:
www.dorfonlaw.org/2025/09/what...
www.dorfonlaw.org/2025/09/what...
There is something to SCOTUS acting like a "Supreme District Court." District courts are supposed to be our fact-finders and emergency decisionmakers, while our apex courts clarify legal principles, through detached "review, not first view." SCOTUS has flipped that script entirely.
Yep, lame. The job of the Supreme Court is to write opinions. If they can't agree on an opinion, they should let the lower courts ruling stand. The Supreme Court Republicans are acting like a Supreme District Court who does a complete 100% review of every lower court ruling it dislikes.
September 5, 2025 at 9:37 PM
There is something to SCOTUS acting like a "Supreme District Court." District courts are supposed to be our fact-finders and emergency decisionmakers, while our apex courts clarify legal principles, through detached "review, not first view." SCOTUS has flipped that script entirely.
I give up. Which is it?
September 5, 2025 at 4:24 PM
I give up. Which is it?
Yes!
Can #habeascorpus cases proceed as class actions? While the Supreme Court hasn’t ruled on the issue, lower federal courts consistently allow such class actions when it enhances efficiency & fairness.
Read: spkl.io/63326A3jWC
Subscribe: spkl.io/63327A3jWh
#Lawsky
Read: spkl.io/63326A3jWC
Subscribe: spkl.io/63327A3jWh
#Lawsky
August 26, 2025 at 4:33 PM
Yes!
This is my favorite. Nora Engstrom’s “Plaintiff’s Lawyer.” She’s taught these materials at Stanford for over a decade. It’s more interesting than other ethics casebooks. And by focusing on plaintiff lawyers, rectifies an imbalance in our legal instruction. faculty.westacademic.com/Book/Detail?...
August 22, 2025 at 1:02 AM
This is my favorite. Nora Engstrom’s “Plaintiff’s Lawyer.” She’s taught these materials at Stanford for over a decade. It’s more interesting than other ethics casebooks. And by focusing on plaintiff lawyers, rectifies an imbalance in our legal instruction. faculty.westacademic.com/Book/Detail?...
Reposted by Adam Zimmerman
Another read is not that SCOTUS is shy about confronting Trump but that they're basically on board with his project but would be embarrassed about the legal arguments they'd have to make if they upheld his actions on the merits, so they find procedural means to let him get his way.
1. Earlier, I said SCOTUS was ducking confrontations with Trump by "channeling" them to less effective places. Maybe better words are "fragmenting" them. Curbing nationwide injunctions. Scattering Alien Enemy Act cases to all 94 districts. Dividing funding challenges... bsky.app/profile/stev...
August 21, 2025 at 10:03 PM
Another read is not that SCOTUS is shy about confronting Trump but that they're basically on board with his project but would be embarrassed about the legal arguments they'd have to make if they upheld his actions on the merits, so they find procedural means to let him get his way.
1. Earlier, I said SCOTUS was ducking confrontations with Trump by "channeling" them to less effective places. Maybe better words are "fragmenting" them. Curbing nationwide injunctions. Scattering Alien Enemy Act cases to all 94 districts. Dividing funding challenges... bsky.app/profile/stev...
August 21, 2025 at 10:00 PM
1. Earlier, I said SCOTUS was ducking confrontations with Trump by "channeling" them to less effective places. Maybe better words are "fragmenting" them. Curbing nationwide injunctions. Scattering Alien Enemy Act cases to all 94 districts. Dividing funding challenges... bsky.app/profile/stev...
Reposted by Adam Zimmerman
I've posted a draft article on the Supreme Court's Skrmetti decision on SSRN. I argue that this harmful decision represents the worst sort of legal formalism, but does not predetermine the results in other transgender rights cases or eviscerate sex discrimination law. papers.ssrn.com/sol3/papers....
August 18, 2025 at 8:24 PM
I've posted a draft article on the Supreme Court's Skrmetti decision on SSRN. I argue that this harmful decision represents the worst sort of legal formalism, but does not predetermine the results in other transgender rights cases or eviscerate sex discrimination law. papers.ssrn.com/sol3/papers....
My take on how courts can stop the government in USA Today. For 25 years, courts have had no problem using class actions to enjoin blanket gov't policies. And APA relief remains alive & well. But the next high stakes cases to reach SCOTUS may screw up all of that. www.usatoday.com/story/news/p...
Supreme Court scuttled one way judges blocked Trump policies but others remain
Trump celebrated when the Supreme Court limited nationwide blocks on his policies, but judges are finding other ways to hinder his priorities.
www.usatoday.com
July 22, 2025 at 6:01 PM
My take on how courts can stop the government in USA Today. For 25 years, courts have had no problem using class actions to enjoin blanket gov't policies. And APA relief remains alive & well. But the next high stakes cases to reach SCOTUS may screw up all of that. www.usatoday.com/story/news/p...
Reposted by Adam Zimmerman
In the words of Senator John Kennedy, “That’s why God created class actions!” www.nytimes.com/2025/07/12/u...
Trump’s Birthright Citizenship Ban Faces New Peril: Class Actions
www.nytimes.com
July 13, 2025 at 6:54 AM
In the words of Senator John Kennedy, “That’s why God created class actions!” www.nytimes.com/2025/07/12/u...
In the words of Senator John Kennedy, “That’s why God created class actions!” www.nytimes.com/2025/07/12/u...
Trump’s Birthright Citizenship Ban Faces New Peril: Class Actions
www.nytimes.com
July 13, 2025 at 6:54 AM
In the words of Senator John Kennedy, “That’s why God created class actions!” www.nytimes.com/2025/07/12/u...
Certifying a class action in the birthright citizenship litigation is consistent with decades of precedent and makes sense. A defined group, adversely hit by a blanket government policy across state lines, need not repeatedly relitigate the same legal questions. www.nytimes.com/2025/07/10/u...
Judge Blocks Trump’s Birthright Citizenship Order in Class-Action Challenge
www.nytimes.com
July 10, 2025 at 4:58 PM
Certifying a class action in the birthright citizenship litigation is consistent with decades of precedent and makes sense. A defined group, adversely hit by a blanket government policy across state lines, need not repeatedly relitigate the same legal questions. www.nytimes.com/2025/07/10/u...
A lot of bad takes questioning if courts can use class actions to stop illegal government policies. The answer is a resounding “yes” in lawsuits just like the birthright citizenship case. Want proof? Dave Marcus’ surveys every appellate case in the 21st century here. papers.ssrn.com/sol3/papers....
The Class Action After <i>Trump v. CASA</i>
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73 <i>UCLA L. Rev. Discourse</i> ___ (forthcoming 2025)
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<p><span>To every court to consider its merits, Donald Trump’s order purporting to end birthright citizenship for children born in the United States to undocume
papers.ssrn.com
July 7, 2025 at 3:54 PM
A lot of bad takes questioning if courts can use class actions to stop illegal government policies. The answer is a resounding “yes” in lawsuits just like the birthright citizenship case. Want proof? Dave Marcus’ surveys every appellate case in the 21st century here. papers.ssrn.com/sol3/papers....
For those looking to understand what the Supreme Court decided, didn’t decide, and what happens next after the birthright citizenship case, CASA v. Trump, there are few better people to turn to than Mila Sohoni. www.scotusblog.com/2025/07/trum...
Trump v. CASA and the future of the universal injunction
This is part of SCOTUSblog’s term in review series, in which scholars analyze some of the most significant cases of the 2024-25 Supreme Court term. The best that can be […]
www.scotusblog.com
July 5, 2025 at 2:38 PM
For those looking to understand what the Supreme Court decided, didn’t decide, and what happens next after the birthright citizenship case, CASA v. Trump, there are few better people to turn to than Mila Sohoni. www.scotusblog.com/2025/07/trum...
I think this is a genuine question. Why did the Court say you have an enforceable right to notice and a hearing in this first case, five weeks ago, but not in this case, today? Is there any difference between these two cases?
July 4, 2025 at 3:49 PM
I think this is a genuine question. Why did the Court say you have an enforceable right to notice and a hearing in this first case, five weeks ago, but not in this case, today? Is there any difference between these two cases?
1. I told @bloomberg.com why people can use class actions to stop clear, enumerated, & illegal government policies after CASA v. Trump. Challenges to stated government policies are routinely certified in injunctive relief classes, even after Wal-Mart. news.bloomberglaw.com/daily-labor-...
Axed Federal Workers Poised for Class-Action Salvo Against Trump
Advocates of fired federal workers are poised to pivot to class actions following the recent US Supreme Court ruling that curbed universal injunctions, realigning the legal battle lines over the feder...
news.bloomberglaw.com
July 3, 2025 at 8:15 PM
1. I told @bloomberg.com why people can use class actions to stop clear, enumerated, & illegal government policies after CASA v. Trump. Challenges to stated government policies are routinely certified in injunctive relief classes, even after Wal-Mart. news.bloomberglaw.com/daily-labor-...