William Baude
@williambaude.bsky.social
Harry Kalven, Jr. Professor, University of Chicago Law School. Podcaster and Blogger at Divided Argument.
Reposted by William Baude
"Perhaps the Court is moving back to assessing irreparable harm with more nuance and precision, as it should." If only. Here, however, there's no injunction against effectuating a Trump policy--let alone a statute--so I'm afraid this wasn't a recognition that that's not invariably "harm" to the U.S.
December 20, 2025 at 10:36 AM
"Perhaps the Court is moving back to assessing irreparable harm with more nuance and precision, as it should." If only. Here, however, there's no injunction against effectuating a Trump policy--let alone a statute--so I'm afraid this wasn't a recognition that that's not invariably "harm" to the U.S.
My first post on the Interim Docket blog is up:
December 20, 2025 at 3:52 AM
My first post on the Interim Docket blog is up:
Reposted by William Baude
NB: When I, a professor of law, profess that an act is unlawful, I am not doing it to inform the lawbreaker, but rather to inform you, the reader.
So the question “what, like you think he cares?” is inapposite. The question is whether *you* care. I think you should, which is why I bother.
So the question “what, like you think he cares?” is inapposite. The question is whether *you* care. I think you should, which is why I bother.
December 18, 2025 at 9:01 PM
NB: When I, a professor of law, profess that an act is unlawful, I am not doing it to inform the lawbreaker, but rather to inform you, the reader.
So the question “what, like you think he cares?” is inapposite. The question is whether *you* care. I think you should, which is why I bother.
So the question “what, like you think he cares?” is inapposite. The question is whether *you* care. I think you should, which is why I bother.
Reposted by William Baude
"Burkeanism and the Administrative State"
I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...
I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...
Burkeanism and the Administrative State
A debate on unitary executive power.
thedispatch.com
December 16, 2025 at 10:18 PM
"Burkeanism and the Administrative State"
I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...
I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...
Reposted by William Baude
The best moment in the History of the Word Caucasian came in a series of Supreme Court cases during the immigration panic of the 1920s.
The Naturalization Act of 1790 said that only "white" people could be naturalized as American citizens, but that only raised questions about what counted as white?
The Naturalization Act of 1790 said that only "white" people could be naturalized as American citizens, but that only raised questions about what counted as white?
It stems from a literal belief that white peoples descended from the Caucasus mountains after Noah’s ark
December 11, 2025 at 1:55 PM
The best moment in the History of the Word Caucasian came in a series of Supreme Court cases during the immigration panic of the 1920s.
The Naturalization Act of 1790 said that only "white" people could be naturalized as American citizens, but that only raised questions about what counted as white?
The Naturalization Act of 1790 said that only "white" people could be naturalized as American citizens, but that only raised questions about what counted as white?
Reposted by William Baude
I don’t write the headlines but I do like this one (post-Slaughter argument roundtable for @nytimes.com with @stevevladeck.bsky.social & @williambaude.bsky.social)
www.nytimes.com/2025/12/09/o...
www.nytimes.com/2025/12/09/o...
Opinion | Looks Like the Supreme Court Will Continue to Overturn the 20th Century
www.nytimes.com
December 9, 2025 at 1:01 PM
I don’t write the headlines but I do like this one (post-Slaughter argument roundtable for @nytimes.com with @stevevladeck.bsky.social & @williambaude.bsky.social)
www.nytimes.com/2025/12/09/o...
www.nytimes.com/2025/12/09/o...
Shaw, Vladeck, and Baude ride again:
Looks Like the Supreme Court Will Continue to Overturn the 20th Century www.nytimes.com/2025/12/09/o...
Looks Like the Supreme Court Will Continue to Overturn the 20th Century www.nytimes.com/2025/12/09/o...
Opinion | Looks Like the Supreme Court Will Continue to Overturn the 20th Century
www.nytimes.com
December 9, 2025 at 3:50 PM
Shaw, Vladeck, and Baude ride again:
Looks Like the Supreme Court Will Continue to Overturn the 20th Century www.nytimes.com/2025/12/09/o...
Looks Like the Supreme Court Will Continue to Overturn the 20th Century www.nytimes.com/2025/12/09/o...
Tom Stoppard might be the single writer who has most defined my life. R.I.P.
November 29, 2025 at 7:10 PM
Tom Stoppard might be the single writer who has most defined my life. R.I.P.
Northern Michigan man’s crossword puzzle to be published in the New York Times upnorthlive.com/news/local/n...
November 21, 2025 at 12:58 PM
Northern Michigan man’s crossword puzzle to be published in the New York Times upnorthlive.com/news/local/n...
New amicus brief with Steve: “Sovereign immunity is for sovereigns.”
Now online:
A new amicus brief by @williambaude.bsky.social and me, filed today in the Supreme Court in Galette v. New Jersey Transit Corp., on sovereign immunity and the "arm of the State" doctrine:
www.supremecourt.gov/DocketPDF/24...
1/
A new amicus brief by @williambaude.bsky.social and me, filed today in the Supreme Court in Galette v. New Jersey Transit Corp., on sovereign immunity and the "arm of the State" doctrine:
www.supremecourt.gov/DocketPDF/24...
1/
November 19, 2025 at 9:14 PM
New amicus brief with Steve: “Sovereign immunity is for sovereigns.”
Reposted by William Baude
Great exchange on Madisonian liquidation between @jrakove.bsky.social and @williambaude.bsky.social here.
Rakove: jach.law.wisc.edu/madisonian-l...
Baude: jach.law.wisc.edu/liquidation-...
Rakove: jach.law.wisc.edu/madisonian-l...
Baude: jach.law.wisc.edu/liquidation-...
Madisonian Liquidation Unliquidated
by Jack Rakove
William Baude’s provocative essay on “Constitutional Liquidation,” published five years ago, is the best treatment of the subject. Whether the liquidation of constitutional indeterminac...
jach.law.wisc.edu
November 15, 2025 at 1:27 AM
Great exchange on Madisonian liquidation between @jrakove.bsky.social and @williambaude.bsky.social here.
Rakove: jach.law.wisc.edu/madisonian-l...
Baude: jach.law.wisc.edu/liquidation-...
Rakove: jach.law.wisc.edu/madisonian-l...
Baude: jach.law.wisc.edu/liquidation-...
“Liquidation, Then and Now,” my end of an exchange with Jack Rakove is now published: jach.law.wisc.edu/liquidation-...
November 14, 2025 at 11:34 PM
“Liquidation, Then and Now,” my end of an exchange with Jack Rakove is now published: jach.law.wisc.edu/liquidation-...
Reposted by William Baude
New amicus brief, now on @ssrn.bsky.social!
Submitted today in King v. Bon Charge, No. 1:25-cv-105-SB (D. Del. filed Jan. 24, 2025), exploring how Rule 4(k)(2) personal jurisdiction applies after Fuld v. PLO.
Download it here: papers.ssrn.com/sol3/papers....
Submitted today in King v. Bon Charge, No. 1:25-cv-105-SB (D. Del. filed Jan. 24, 2025), exploring how Rule 4(k)(2) personal jurisdiction applies after Fuld v. PLO.
Download it here: papers.ssrn.com/sol3/papers....
October 31, 2025 at 7:43 PM
New amicus brief, now on @ssrn.bsky.social!
Submitted today in King v. Bon Charge, No. 1:25-cv-105-SB (D. Del. filed Jan. 24, 2025), exploring how Rule 4(k)(2) personal jurisdiction applies after Fuld v. PLO.
Download it here: papers.ssrn.com/sol3/papers....
Submitted today in King v. Bon Charge, No. 1:25-cv-105-SB (D. Del. filed Jan. 24, 2025), exploring how Rule 4(k)(2) personal jurisdiction applies after Fuld v. PLO.
Download it here: papers.ssrn.com/sol3/papers....
New Paper: When the Executive Has Unclean Hands, with Samuel Bray.
(Short, timely, but hopefully more than that too.)
papers.ssrn.com/sol3/papers....
(Short, timely, but hopefully more than that too.)
papers.ssrn.com/sol3/papers....
October 30, 2025 at 3:29 PM
New Paper: When the Executive Has Unclean Hands, with Samuel Bray.
(Short, timely, but hopefully more than that too.)
papers.ssrn.com/sol3/papers....
(Short, timely, but hopefully more than that too.)
papers.ssrn.com/sol3/papers....
Reposted by William Baude
FWIW, @williambaude.bsky.social and I are working on a piece about circuit precedent at this very moment. (We are in the “pro” camp 😊.)
October 23, 2025 at 1:47 PM
FWIW, @williambaude.bsky.social and I are working on a piece about circuit precedent at this very moment. (We are in the “pro” camp 😊.)
Reposted by William Baude
Looking forward to this event today . . .
October 10, 2025 at 11:15 AM
Looking forward to this event today . . .
Reposted by William Baude
The governor is correct that Trump's behavior is clearly authoritarian, and we all, including members of the press, should feel comfortable saying so.
I will not back down.
Trump is now calling for the arrest of elected representatives checking his power.
What else is left on the path to full-blown authoritarianism?
Trump is now calling for the arrest of elected representatives checking his power.
What else is left on the path to full-blown authoritarianism?
October 8, 2025 at 2:00 PM
The governor is correct that Trump's behavior is clearly authoritarian, and we all, including members of the press, should feel comfortable saying so.
Dungeon Crawler Carl books ranked (from best):
Dungeon Crawler Carl (#1)
The Dungeon Anarchist's Cookbook (#3)
The Gate of the Feral Gods (#4)
This Inevitable Ruin (#7)
The Butchers Masquerade (#5)
The Eye of the Bedlam Bride (#6)
Carl's Doomsday Scenario (#2)
Dungeon Crawler Carl (#1)
The Dungeon Anarchist's Cookbook (#3)
The Gate of the Feral Gods (#4)
This Inevitable Ruin (#7)
The Butchers Masquerade (#5)
The Eye of the Bedlam Bride (#6)
Carl's Doomsday Scenario (#2)
October 8, 2025 at 3:26 AM
Dungeon Crawler Carl books ranked (from best):
Dungeon Crawler Carl (#1)
The Dungeon Anarchist's Cookbook (#3)
The Gate of the Feral Gods (#4)
This Inevitable Ruin (#7)
The Butchers Masquerade (#5)
The Eye of the Bedlam Bride (#6)
Carl's Doomsday Scenario (#2)
Dungeon Crawler Carl (#1)
The Dungeon Anarchist's Cookbook (#3)
The Gate of the Feral Gods (#4)
This Inevitable Ruin (#7)
The Butchers Masquerade (#5)
The Eye of the Bedlam Bride (#6)
Carl's Doomsday Scenario (#2)
Reposted by William Baude
Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!
Will work on distributing this to various listservs and blogs, but please share if you are able.
Will work on distributing this to various listservs and blogs, but please share if you are able.
15th Annual Junior Faculty Federal Courts Workshop
April 24, 2026| KU School of Law
law.ku.edu
October 3, 2025 at 2:26 PM
Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!
Will work on distributing this to various listservs and blogs, but please share if you are able.
Will work on distributing this to various listservs and blogs, but please share if you are able.
Reposted by William Baude
My God
AAUP v. Rubio is out, and look at how it starts. storage.courtlistener.com/recap/gov.us...
September 30, 2025 at 4:59 PM
My God