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
Mandamus in the nature of procedendo, my favorite flavor of mandamus.
November 3, 2025 at 6:33 PM
Mandamus in the nature of procedendo, my favorite flavor of mandamus.
In a different world, Congress might enact various complicated fallback provisions in case of invalidation of this or that provision.
October 21, 2025 at 11:06 PM
In a different world, Congress might enact various complicated fallback provisions in case of invalidation of this or that provision.
Mike can speak for himself if he wishes, but the point I’m taking from this isn’t that the non-severability position is right but rather that the remedial difficulties surrounding the dozens of indep. entities Congress has created weigh in favor of preserving Humphrey’s.
@mls1776.bsky.social
@mls1776.bsky.social
October 21, 2025 at 11:05 PM
Mike can speak for himself if he wishes, but the point I’m taking from this isn’t that the non-severability position is right but rather that the remedial difficulties surrounding the dozens of indep. entities Congress has created weigh in favor of preserving Humphrey’s.
@mls1776.bsky.social
@mls1776.bsky.social
Don’t forget the faxed handwritten edits that might have “despicable” scrawled on the top of the first page, but no one can decipher it for sure.
October 7, 2025 at 4:25 PM
Don’t forget the faxed handwritten edits that might have “despicable” scrawled on the top of the first page, but no one can decipher it for sure.
With the caveat that one can’t always tell from oral argument, it sounded to me like the Court will reverse and say that the state statute does not apply in federal court.
The tougher question seemed to be which Federal Rule(s) the state law conflicts with: 3, 8, 9, 11, 12, discovery, “structure”?
The tougher question seemed to be which Federal Rule(s) the state law conflicts with: 3, 8, 9, 11, 12, discovery, “structure”?
October 6, 2025 at 4:29 PM
With the caveat that one can’t always tell from oral argument, it sounded to me like the Court will reverse and say that the state statute does not apply in federal court.
The tougher question seemed to be which Federal Rule(s) the state law conflicts with: 3, 8, 9, 11, 12, discovery, “structure”?
The tougher question seemed to be which Federal Rule(s) the state law conflicts with: 3, 8, 9, 11, 12, discovery, “structure”?
That could be, but I think other relevant remedies at law could include mandamus, quo warranto, and declaratory judgment.
September 29, 2025 at 4:22 PM
That could be, but I think other relevant remedies at law could include mandamus, quo warranto, and declaratory judgment.
For non-pedantic content on QP 2, by the way, see below from Sam Bray:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Remedies in the Officer Removal Cases
When a federal officer challenges her removal by the president, what forms of interim relief and what final remedies are available? This Article considers those
papers.ssrn.com
September 29, 2025 at 3:50 PM
For non-pedantic content on QP 2, by the way, see below from Sam Bray:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
This kind of thing is why our library is the best.
September 23, 2025 at 4:05 PM
This kind of thing is why our library is the best.
What else are you supposed to do when SCOTUS grants cert on remedies for office holders?
September 22, 2025 at 8:23 PM
What else are you supposed to do when SCOTUS grants cert on remedies for office holders?
Maybe cliche but Red October or Shawshank.
September 21, 2025 at 2:27 AM
Maybe cliche but Red October or Shawshank.
The first session will have a presentation from our honor council about how faculty might design assignments & exams to reduce worries about improper use of AI. I’m also thinking about a session in which we faculty share and compare our recommendation letters for clerkship candidates.
Other ideas?
Other ideas?
September 19, 2025 at 2:26 PM
The first session will have a presentation from our honor council about how faculty might design assignments & exams to reduce worries about improper use of AI. I’m also thinking about a session in which we faculty share and compare our recommendation letters for clerkship candidates.
Other ideas?
Other ideas?