Rick Garnett
@rickgarnett.bsky.social
Law professor/teacher at the University of Notre Dame. Failed alpinist, guitarist, and home brewer.
Reposted by Rick Garnett
OMG... Jeremiyah Love was swarmed but never down, runs it in for TD. Once again, the armed forces struggling on defense
November 9, 2025 at 2:31 AM
OMG... Jeremiyah Love was swarmed but never down, runs it in for TD. Once again, the armed forces struggling on defense
I hope and expect that #SCOTUS will disapprove the administration’s unauthorized (and foolish) tariffs. I also urge citizens to distrust commentators who suggest that the “conservative” justices act out of loyalty to the President while the “liberal” justices just do law.
November 5, 2025 at 3:01 PM
I hope and expect that #SCOTUS will disapprove the administration’s unauthorized (and foolish) tariffs. I also urge citizens to distrust commentators who suggest that the “conservative” justices act out of loyalty to the President while the “liberal” justices just do law.
Is the Association of American Law Schools failing to live up to the moment for legal education?
open.substack.com/pub/derektmu...
open.substack.com/pub/derektmu...
Is the Association of American Law Schools failing to live up to the moment for legal education?
In a time of crises for legal education, there is little vision and leadership on behalf of law schools
open.substack.com
October 15, 2025 at 2:05 PM
Is the Association of American Law Schools failing to live up to the moment for legal education?
open.substack.com/pub/derektmu...
open.substack.com/pub/derektmu...
In 2025, law school admissions practices continue to look at the LSAT like it's 2005
open.substack.com/pub/derektmu...
open.substack.com/pub/derektmu...
In 2025, law school admissions practices continue to look at the LSAT like it's 2005
A look at what law schools are, and aren't, doing in light of changes to the LSAT and to the USNWR rankings
open.substack.com
October 1, 2025 at 5:54 PM
In 2025, law school admissions practices continue to look at the LSAT like it's 2005
open.substack.com/pub/derektmu...
open.substack.com/pub/derektmu...
Here is my final post, after 20 years, at Prawfsblawg:
prawfsblawg.blogs.com/prawfsblawg/...
May Dan Markel’s memory continue to be a blessing! @prawfsblawg
prawfsblawg.blogs.com/prawfsblawg/...
May Dan Markel’s memory continue to be a blessing! @prawfsblawg
PrawfsBlawg: Farewell and Thank You to Prawfsblawg
prawfsblawg.blogs.com
September 16, 2025 at 10:45 AM
Here is my final post, after 20 years, at Prawfsblawg:
prawfsblawg.blogs.com/prawfsblawg/...
May Dan Markel’s memory continue to be a blessing! @prawfsblawg
prawfsblawg.blogs.com/prawfsblawg/...
May Dan Markel’s memory continue to be a blessing! @prawfsblawg
Gerard V. Bradley and the American Law of Church and State url: academic.oup.com/ajj/article-...
Gerard V. Bradley and the American Law of Church and State
Abstract. This paper provides an overview and appreciation of Prof. Gerard V. Bradley’s scholarly contributions to the American constitutional law of churc
academic.oup.com
September 15, 2025 at 6:11 PM
Gerard V. Bradley and the American Law of Church and State url: academic.oup.com/ajj/article-...
A nice re-cap from @williambaude Will Baude and the last sentence is spot on. I’m looking forward to the justice’s presentation at Notre Dame today.
blog.dividedargument.com/p/listening-...
blog.dividedargument.com/p/listening-...
Listening to Justice Amy Coney Barrett
A few reflections on her book
blog.dividedargument.com
September 12, 2025 at 5:34 PM
A nice re-cap from @williambaude Will Baude and the last sentence is spot on. I’m looking forward to the justice’s presentation at Notre Dame today.
blog.dividedargument.com/p/listening-...
blog.dividedargument.com/p/listening-...
A fascinating new law-and-history paper by my student, Mintae Cha - Presbyterians and Jacobins!
www.cambridge.org/core/service...
www.cambridge.org/core/service...
www.cambridge.org
September 12, 2025 at 2:22 PM
A fascinating new law-and-history paper by my student, Mintae Cha - Presbyterians and Jacobins!
www.cambridge.org/core/service...
www.cambridge.org/core/service...
Congrats to (my student) on the coveted Solum Shout-Out!
Wieboldt on American Providentialism, buff.ly/L3eoRzM - Dennis J. Wieboldt III (University of Notre Dame) has posted American Providentialism: A Reappraisal (40 Notre Dame J. L. Ethics & Pub. Pol'y __ (2025)) on SSRN.
Wieboldt on American Providentialism
Dennis J. Wieboldt III (University of Notre Dame) has posted American Providentialism: A Reappraisal (40 Notre Dame J. L. Ethics & Pub. Pol'y __ (2025)) on SSRN. Here is the abstract: In Section I,…
buff.ly
September 9, 2025 at 6:31 PM
Congrats to (my student) on the coveted Solum Shout-Out!
Recommended. This, and Dostoyevsky’s “The Devils”, which seems more and more timely.
www.thefp.com/p/demons-lik...
www.thefp.com/p/demons-lik...
An Ex-FBI Agent’s Warning to Parents About Nihilists Like Robin Westman
As an FBI agent for nearly 20 years, Pat McMonigle expected to fight terrorists whose ideologies were known. He couldn’t have imagined the faceless, evil, violent nihilists he found online.
www.thefp.com
September 3, 2025 at 8:25 PM
Recommended. This, and Dostoyevsky’s “The Devils”, which seems more and more timely.
www.thefp.com/p/demons-lik...
www.thefp.com/p/demons-lik...
I have a short piece up at SCOTUSblog on the status of the "Lemon Test" and the recent enactments and decisions about laws requiring Ten Commandments displays:
www.scotusblog.com/2025/08/the-....
www.scotusblog.com/2025/08/the-....
The Ten Commandments and a "secular purpose"
Rights and Responsibilities is a recurring series by Richard Garnett on legal education, the role of the courts in our constitutional structure, and the law of religious freedom and free expression. [...
www.scotusblog.com
August 21, 2025 at 2:49 PM
I have a short piece up at SCOTUSblog on the status of the "Lemon Test" and the recent enactments and decisions about laws requiring Ten Commandments displays:
www.scotusblog.com/2025/08/the-....
www.scotusblog.com/2025/08/the-....
The trial court’s opinion in the Texas Ten Commandments case (which, given the precedents, probably reaches the result a trial judge should reach) is the most bizarre, rhetorically irresponsible, and injudicious opinion I can recall:
au.org/wp-content/upl…
au.org/wp-content/upl…
https://au.org/wp-content/upl…
August 20, 2025 at 10:39 PM
The trial court’s opinion in the Texas Ten Commandments case (which, given the precedents, probably reaches the result a trial judge should reach) is the most bizarre, rhetorically irresponsible, and injudicious opinion I can recall:
au.org/wp-content/upl…
au.org/wp-content/upl…
A fun/interesting one for the CrimProfs: Can silent prayer be the actus reus? (For an attempt, let’s say?)
www.cato.org/blog/freedom...
www.cato.org/blog/freedom...
Freedom of Silence? England Investigating a Woman for a Wordless Vigil
On overseas visits this year, Vice President JD Vance has criticized Europe’s censoriousness. He is a blooming hypocrite. But he has a point. England has gone disregarding the freedom of speech—it’s a...
www.cato.org
August 14, 2025 at 10:24 PM
A fun/interesting one for the CrimProfs: Can silent prayer be the actus reus? (For an attempt, let’s say?)
www.cato.org/blog/freedom...
www.cato.org/blog/freedom...
Reposted by Rick Garnett
NEW PAPER: "Justifying the Fourth Amendment," forthcoming in the Vanderbilt Law Review, now up on @ssrn.bsky.social:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
August 12, 2025 at 2:17 PM
NEW PAPER: "Justifying the Fourth Amendment," forthcoming in the Vanderbilt Law Review, now up on @ssrn.bsky.social:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
This ruling will provide a useful sorting device, in the future, for people of good will wondering whether particular commentators should be taken remotely seriously.
Update: WE WON! A federal judge has fully blocked the “defunding” provision targeting care at Planned Parenthood health centers. This means that while this case continues, so does your access to care.
July 29, 2025 at 1:27 AM
This ruling will provide a useful sorting device, in the future, for people of good will wondering whether particular commentators should be taken remotely seriously.