Steve Leben
@steveleben.bsky.social
Law professor at UMKC Law School in Kansas City, writing about procedural justice. Former Kansas state trial and appellate judge.
What I learned today: while having ChatGPT calculate readability scores on the opinions I wrote in 13 years as an appellate judge, I learned that . . .
I wrote 1.88 million words.
Now I’m tired.
I wrote 1.88 million words.
Now I’m tired.
November 5, 2025 at 2:57 PM
What I learned today: while having ChatGPT calculate readability scores on the opinions I wrote in 13 years as an appellate judge, I learned that . . .
I wrote 1.88 million words.
Now I’m tired.
I wrote 1.88 million words.
Now I’m tired.
I was thinking today about what makes a slogan memorable, and I was struck by my recollection of “Zenith: the quality goes in before the name goes on.” I first heard it in the ‘60s (though it predates that). If the brand were still around, I’d probably still buy one. www.youtube.com/watch?v=OhZ1...
Zenith Television 1970 TV commercial
YouTube video by robatsea2009
www.youtube.com
October 26, 2025 at 3:03 PM
I was thinking today about what makes a slogan memorable, and I was struck by my recollection of “Zenith: the quality goes in before the name goes on.” I first heard it in the ‘60s (though it predates that). If the brand were still around, I’d probably still buy one. www.youtube.com/watch?v=OhZ1...
Reposted by Steve Leben
“What is to stop Trump from making comparably inflated claims about the situations on the ground in other American cities as a pretextual basis for deploying troops? And what’s to stop him from making those claims not tomorrow, but next November—on the eve of the midterms?”
Me, via “One First”:
Me, via “One First”:
184. The Massive Stakes of Trump v. Illinois
The Trump administration's 29th emergency application—to let it deploy federalized National Guard troops in Chicago on a profoundly dubious factual predicate—is a make-or-break moment for the Court.
www.stevevladeck.com
October 20, 2025 at 11:29 AM
“What is to stop Trump from making comparably inflated claims about the situations on the ground in other American cities as a pretextual basis for deploying troops? And what’s to stop him from making those claims not tomorrow, but next November—on the eve of the midterms?”
Me, via “One First”:
Me, via “One First”:
Reposted by Steve Leben
EXCLUSIVE: One Saturday afternoon in October, my phone lit up with a notification.
I glanced down at the message.
“Anna, Lindsey Halligan here,” it began.
So began my text exchange with the woman who is prosecuting the president's perceived political enemies.
www.lawfaremedia.org/article/anna...
I glanced down at the message.
“Anna, Lindsey Halligan here,” it began.
So began my text exchange with the woman who is prosecuting the president's perceived political enemies.
www.lawfaremedia.org/article/anna...
October 20, 2025 at 10:09 PM
EXCLUSIVE: One Saturday afternoon in October, my phone lit up with a notification.
I glanced down at the message.
“Anna, Lindsey Halligan here,” it began.
So began my text exchange with the woman who is prosecuting the president's perceived political enemies.
www.lawfaremedia.org/article/anna...
I glanced down at the message.
“Anna, Lindsey Halligan here,” it began.
So began my text exchange with the woman who is prosecuting the president's perceived political enemies.
www.lawfaremedia.org/article/anna...
Reposted by Steve Leben
This is an infuriating and shameful scandal. The Roberts Court is condoning Trump’s law breaking, again, pure and simple. There is no serious path forward for democratic government without Supreme Court reform.
BREAKING: Supreme Court lets Trump unilaterally freeze billions in congressionally appropriated foreign aid money
apparent 6-3 vote with liberals in dissent @courthousenews.bsky.social
apparent 6-3 vote with liberals in dissent @courthousenews.bsky.social
September 26, 2025 at 8:48 PM
This is an infuriating and shameful scandal. The Roberts Court is condoning Trump’s law breaking, again, pure and simple. There is no serious path forward for democratic government without Supreme Court reform.
Reposted by Steve Leben
Sheena is the must-follow to understand what Kennedy et al are doing to US vaccines (and other medicines)
Kennedy has been very busy- I reflect on what has been happening but also worry that his tactics could be adopted elsewhere result in in wider undermining of trust in science and reducing vaccine access and uptake 🧪
What the current disinformation and discussions on vaccines, Tylenol (Paracetamol), autism could mean for us all.
Disinformation and Disarray in American Health Policy Making
open.substack.com
September 26, 2025 at 5:23 PM
Sheena is the must-follow to understand what Kennedy et al are doing to US vaccines (and other medicines)
Reposted by Steve Leben
Last week, I was on a Missouri Bar conference panel to talk about current threats to the rule of law. Under FCC licensing threats, ABC suspended Jimmy Kimmel the night before the presentation. It was a perfect (and transparent) example of a wider playbook. missouriindependent.com/2025/09/25/t...
The Trump administration’s playbook of coercing speech comes into focus • Missouri Independent
By threatening ABC over a comedian’s on-air comments, FCC chairman Brendan Carr violated core First Amendment limits on the government.
missouriindependent.com
September 25, 2025 at 11:38 AM
Last week, I was on a Missouri Bar conference panel to talk about current threats to the rule of law. Under FCC licensing threats, ABC suspended Jimmy Kimmel the night before the presentation. It was a perfect (and transparent) example of a wider playbook. missouriindependent.com/2025/09/25/t...
Last week, I was on a Missouri Bar conference panel to talk about current threats to the rule of law. Under FCC licensing threats, ABC suspended Jimmy Kimmel the night before the presentation. It was a perfect (and transparent) example of a wider playbook. missouriindependent.com/2025/09/25/t...
The Trump administration’s playbook of coercing speech comes into focus • Missouri Independent
By threatening ABC over a comedian’s on-air comments, FCC chairman Brendan Carr violated core First Amendment limits on the government.
missouriindependent.com
September 25, 2025 at 11:38 AM
Last week, I was on a Missouri Bar conference panel to talk about current threats to the rule of law. Under FCC licensing threats, ABC suspended Jimmy Kimmel the night before the presentation. It was a perfect (and transparent) example of a wider playbook. missouriindependent.com/2025/09/25/t...
Today’s message of hope comes from a 1922 editorial by Pulitzer-Prize-winning Kansas newspaperman William Allen White. Still worth reading a century later.
A prescient and precise William Allen White column from 103 years ago. Good on @kansasreflector.com for running it today.
“Reason has never failed men. Only force and repression have made the wrecks in the world.”
kansasreflector.com/2025/09/14/d...
“Reason has never failed men. Only force and repression have made the wrecks in the world.”
kansasreflector.com/2025/09/14/d...
During a time of national tumult and fear, this legendary Kansas newspaperman's words endure • Kansas Reflector
You can have no wise laws nor free entertainment of wise laws unless there is free expression of the wisdom of the people.
kansasreflector.com
September 14, 2025 at 1:43 PM
Today’s message of hope comes from a 1922 editorial by Pulitzer-Prize-winning Kansas newspaperman William Allen White. Still worth reading a century later.
Reposted by Steve Leben
In the NIH funding case, Justice Gorsuch (joined by Justice Kavanaugh) claimed that this was the third time in recent weeks that lower courts had "defied" a #SCOTUS ruling.
As today's "One First" explains, that claim is not only nonsense; it's enabling a dangerous anti-court narrative on the right:
As today's "One First" explains, that claim is not only nonsense; it's enabling a dangerous anti-court narrative on the right:
174. Justice Gorsuch's Attack on Lower Courts
Just like the earlier rulings that Justice Gorsuch claims lower courts are defying, his concurrence in the NIH grant cutoffs case would be a lot more convincing if it showed more of its work.
www.stevevladeck.com
August 25, 2025 at 11:46 AM
In the NIH funding case, Justice Gorsuch (joined by Justice Kavanaugh) claimed that this was the third time in recent weeks that lower courts had "defied" a #SCOTUS ruling.
As today's "One First" explains, that claim is not only nonsense; it's enabling a dangerous anti-court narrative on the right:
As today's "One First" explains, that claim is not only nonsense; it's enabling a dangerous anti-court narrative on the right:
Congratulations to Larkin Walsh, an excellent choice for the Kansas Supreme Court, chosen through merit selection. kansasreflector.com/2025/08/07/g...
Gov. Laura Kelly selects Leawood attorney to fill vacancy on Kansas Supreme Court • Kansas Reflector
Gov. Laura Kelly picks an attorney in private practice to serve on Kansas Supreme Court, bypassing two district court judges also nominated for the post.
kansasreflector.com
August 7, 2025 at 5:00 PM
Congratulations to Larkin Walsh, an excellent choice for the Kansas Supreme Court, chosen through merit selection. kansasreflector.com/2025/08/07/g...
Congratulations to my colleague, Allen Rostron, on being named the Edward A. Smith/Missouri Chair in Law, the Constitution and Society at @UMKCLaw. He is a great teacher and scholar—and so easy to work with. Congrats, Allen! www.umkc.edu/news/posts/2...
Allen Rostron Named Edward A. Smith/Missouri Chair in Law, the Constitution and Society
School of Law professor honored for commitment to students and community
www.umkc.edu
July 24, 2025 at 3:41 PM
Congratulations to my colleague, Allen Rostron, on being named the Edward A. Smith/Missouri Chair in Law, the Constitution and Society at @UMKCLaw. He is a great teacher and scholar—and so easy to work with. Congrats, Allen! www.umkc.edu/news/posts/2...
Reposted by Steve Leben
Since @orinkerr.bsky.social asked, a thread, from limited information reported online, about how I see the US attorney mess in DNJ.
1. Trump picked Habba as interim US Attorney under 28 USC 546. Technically, the AG is supposed to pick, but whatever. She gets 120 days to serve.
1. Trump picked Habba as interim US Attorney under 28 USC 546. Technically, the AG is supposed to pick, but whatever. She gets 120 days to serve.
July 22, 2025 at 11:34 PM
Since @orinkerr.bsky.social asked, a thread, from limited information reported online, about how I see the US attorney mess in DNJ.
1. Trump picked Habba as interim US Attorney under 28 USC 546. Technically, the AG is supposed to pick, but whatever. She gets 120 days to serve.
1. Trump picked Habba as interim US Attorney under 28 USC 546. Technically, the AG is supposed to pick, but whatever. She gets 120 days to serve.
Reposted by Steve Leben
Have you read a law review article recently that you thought was particularly great and deserving of a wider readership?
If so, leave a link to it as a reply, together with a quick take on what made it great.
If so, leave a link to it as a reply, together with a quick take on what made it great.
July 9, 2025 at 5:42 AM
Have you read a law review article recently that you thought was particularly great and deserving of a wider readership?
If so, leave a link to it as a reply, together with a quick take on what made it great.
If so, leave a link to it as a reply, together with a quick take on what made it great.
Reposted by Steve Leben
Contra NY Times, there is not even an official acting FEMA head. Cameron Hamilton (pushed out) & now David Richardson don't qualify under the Vacancies Act, "leading" the agency through delegation as the "Senior Official Performing the Duties of FEMA Administrator." www.nytimes.com/2025/07/08/c...
In Flooded Texas, Questions About FEMA’s Role and Fate
www.nytimes.com
July 9, 2025 at 9:29 PM
Contra NY Times, there is not even an official acting FEMA head. Cameron Hamilton (pushed out) & now David Richardson don't qualify under the Vacancies Act, "leading" the agency through delegation as the "Senior Official Performing the Duties of FEMA Administrator." www.nytimes.com/2025/07/08/c...
Reposted by Steve Leben
Jeff Bezos: "We are going to be writing every day in support and defense of two pillars: personal liberties and free markets."
Today's Washington Post opinion page:
Today's Washington Post opinion page:
June 23, 2025 at 1:01 PM
Jeff Bezos: "We are going to be writing every day in support and defense of two pillars: personal liberties and free markets."
Today's Washington Post opinion page:
Today's Washington Post opinion page:
Reposted by Steve Leben
October 2024 Term #SCOTUS rulings to date from which all three Democratic appointees dissented:
On the merits docket: 3
On emergency applications: 9
That tells you quite a lot about where the most important action is...
On the merits docket: 3
On emergency applications: 9
That tells you quite a lot about where the most important action is...
June 24, 2025 at 3:07 AM
October 2024 Term #SCOTUS rulings to date from which all three Democratic appointees dissented:
On the merits docket: 3
On emergency applications: 9
That tells you quite a lot about where the most important action is...
On the merits docket: 3
On emergency applications: 9
That tells you quite a lot about where the most important action is...
Reposted by Steve Leben
"SCOTUS allows Trump admin to deport people to random countries with no notice"
Honestly still can't believe that I wrote this headline today, let alone that the U.S. Supreme Court's majority did so.
Honestly still can't believe that I wrote this headline today, let alone that the U.S. Supreme Court's majority did so.
SCOTUS allows Trump admin to deport people to random countries with no notice
Justice Sotomayor called the order a "gross ... abuse" of the court's authority. Also: Law Dork in the media.
www.lawdork.com
June 24, 2025 at 1:47 AM
"SCOTUS allows Trump admin to deport people to random countries with no notice"
Honestly still can't believe that I wrote this headline today, let alone that the U.S. Supreme Court's majority did so.
Honestly still can't believe that I wrote this headline today, let alone that the U.S. Supreme Court's majority did so.
Reposted by Steve Leben
Today’s unsigned, unexplained #SCOTUS ruling clearing the way for removals of migrants to third countries without any additional process is a disaster—not just on the merits, but because of the government misbehavior that it not only refuses to punish, but effectively rewards.
Me, via “One First”:
Me, via “One First”:
161. The Court's Disastrous Ruling in the Third-Country Removal Case
The majority did not just greenlight an especially odious immigration policy without any explanation; it did so in a case in which the government defied the district court—twice—with no consequence.
www.stevevladeck.com
June 23, 2025 at 9:59 PM
Today’s unsigned, unexplained #SCOTUS ruling clearing the way for removals of migrants to third countries without any additional process is a disaster—not just on the merits, but because of the government misbehavior that it not only refuses to punish, but effectively rewards.
Me, via “One First”:
Me, via “One First”:
Reposted by Steve Leben
The “Third Country Removal Case” means thousands of people will be deported to extremely dangerous countries they’re not from with no due process.
June 24, 2025 at 12:12 AM
The “Third Country Removal Case” means thousands of people will be deported to extremely dangerous countries they’re not from with no due process.
This decision represents something that should never happen in a justice system: the nation’s highest court has ruled on an issue affecting millions—without explanation. Courts don’t have absolute power; they should be following rules. Without an explanation, who knows?
The “Third Country Removal Case” means thousands of people will be deported to extremely dangerous countries they’re not from with no due process.
June 24, 2025 at 12:17 AM
This decision represents something that should never happen in a justice system: the nation’s highest court has ruled on an issue affecting millions—without explanation. Courts don’t have absolute power; they should be following rules. Without an explanation, who knows?
Reposted by Steve Leben
RFK Jr. says his new vaccine panel has a GW University professor. The school says he doesn't work there
www.nbcwashington.com/news/local/r...
www.nbcwashington.com/news/local/r...
RFK Jr. says his new vaccine panel has a GW University professor. The school says he doesn't work there
Health and Human Services Secretary Robert F. Kennedy Jr. said one of his picks for a crucial vaccine advisory panel is a professor at George Washington University. But News4 found the doctor hasn’t w...
www.nbcwashington.com
June 15, 2025 at 7:11 PM
RFK Jr. says his new vaccine panel has a GW University professor. The school says he doesn't work there
www.nbcwashington.com/news/local/r...
www.nbcwashington.com/news/local/r...
Reposted by Steve Leben
#SCOTUS has recently issued a slew of unanimous (or near-unanimous) rulings in argued cases.
Today’s “One First” identifies at least four respects in which this is a mirage—and how one need look no further than the Trump emergency applications to see just how ideologically divided the justices are:
Today’s “One First” identifies at least four respects in which this is a mirage—and how one need look no further than the Trump emergency applications to see just how ideologically divided the justices are:
158. The Court's Unanimity is Greatly Exaggerated
It's time for the annual influx of superficial (or otherwise overstated) claims about the justices' lack of division. There are at least four different reasons why such accounts fail to persuade.
www.stevevladeck.com
June 16, 2025 at 11:42 AM
#SCOTUS has recently issued a slew of unanimous (or near-unanimous) rulings in argued cases.
Today’s “One First” identifies at least four respects in which this is a mirage—and how one need look no further than the Trump emergency applications to see just how ideologically divided the justices are:
Today’s “One First” identifies at least four respects in which this is a mirage—and how one need look no further than the Trump emergency applications to see just how ideologically divided the justices are:
Reposted by Steve Leben
I know there's a lot going on, but the Secretary of Homeland Security declaring that federal troops are in California and Los Angeles to "liberate" the state and city from its duly-elected leaders really is a fourteen-alarm fire.
It's mind-blowing how little attention this extraordinary statement has received. It's briefly mentioned in a couple news articles, but this MSNBC opinion piece is the only extended discussion of it I've seen: www.msnbc.com/opinion/msnb...
June 13, 2025 at 11:20 PM
I know there's a lot going on, but the Secretary of Homeland Security declaring that federal troops are in California and Los Angeles to "liberate" the state and city from its duly-elected leaders really is a fourteen-alarm fire.
Reposted by Steve Leben
With the tragic assassination of a Minnesota Democratic leader, I’m going to underline this point again.
I know there's a lot going on, but the Secretary of Homeland Security declaring that federal troops are in California and Los Angeles to "liberate" the state and city from its duly-elected leaders really is a fourteen-alarm fire.
It's mind-blowing how little attention this extraordinary statement has received. It's briefly mentioned in a couple news articles, but this MSNBC opinion piece is the only extended discussion of it I've seen: www.msnbc.com/opinion/msnb...
June 14, 2025 at 3:37 PM
With the tragic assassination of a Minnesota Democratic leader, I’m going to underline this point again.