Richard M Re

You know what it's like teach Con Law in 2026? Here's our current assignment:

Dames & Moore v. Regan (executive authority to negotiate deal over 1979 Iran hostage crisis)
War Powers Resolution
Trump v. United States
Trump v. Hawaii
Trump v. Vance
Trump v. Mazars

sigh.

Funk and Schmidt on the equity docket:

papers.ssrn.com/sol3/papers....

Oh My God

thefacultylounge.org/2026/03/call...

Honored to find out that I am on this list of top-cited legal scholars again this year: papers.ssrn.com/sol3/papers..... Lots of others on this list whose work I deeply admire, including @jessicaclarke.bsky.social @miriamseifter.bsky.social @jdmortenson.bsky.social and many others! Congrats, all!

Great analysis of what’s going on in the Supreme Court’s recent substantive due process order. I’d add, could the ghost of Lochner be keeping the justices from digging too far into what actually happened in Meyer and Pierce?

What is Real Law?, by Skoczen

juris.jotwell.com/what-is-real...

Thanks. The extinction of Scalia’s leading view is obviously a very big development, as the piece shows. And modern standing doctrine did not even exist when Pierce was decided; it did not adopt the noted test. Its result is being rationalized on this new ground.

Thanks, great point. I think the class too has a stronger claim, but I agree this issue is something that would have been (or would be) good to explore/explain with greater nuance. I do agree the named plaintiffs have an esp strong standing a claim. Thanks again.

Realigned: Standing and Substantive Due Process Some Thoughts on Mirabelli v. Bonta

“Realigned: Standing and Substantive Due Process”

This post comments on SCOTUS’s decision this week in Mirabelli v. Bonta.

blog.dividedargument.com/p/realigned-...

My contribution to the Solan symposium is "Pragmatics and Textualism," a deep dive into the role of context in the interpretation of statutes. Link: bit.ly/PragmaticsAn...

Realigning Standing with Substantive Due Process Conservatives and liberals are quickly changing positions on a host of issues, now that there is a secure conservative majority at the Supreme Court. Examples include standing, textualism, agency d…

See also richardresjudicata.wordpress.com/2024/12/20/r...

Thanks. Set aside that you are suggesting a PI rationale that is unstated, not the claim presented, and against precedent. Check out what Scalia wrote in Troxel on unenumerated parental rights, including in Meyer and Pierce. That was representative of the old conservative approach.

Very pleased to share that, per Solum's Legal Theory Blog, "How to Count AIs: Individuation and Liability for AI Agents," is officially "Highly Recommended."

Do what the man says, and "Download while it's hot!"

legaltheoryblog.com/2026/03/02/a...

papers.ssrn.com/sol3/papers....

If you are confused about why the most conservative Supreme Court in memory is pro substantive due process in Mirabelli this evening, I have some links for you:

papers.ssrn.com/sol3/papers....

papers.ssrn.com/sol3/papers....

Also maybe scholars generally and their subjects.

PlanScore’s New Midterm-Ready Vote Predictions This week, the 2026 mid-term election season is kicking off in earnest with U.S. House primaries in Arkansas, Texas, and North Carolina…

Check out this very cool update to @planscore.org: You can now move a slider back and forth to simulate how a map would perform under any electoral environment.

For more, see this post by @mike.teczno.com:

medium.com/planscore/pl...

I posted a very short but I think sort of interesting paper on the idea of transformative constitutionalism, including reactionary tc: papers.ssrn.com/sol3/papers....

The Gloss of War: Revisiting the Korean War’s Legacy - Michigan Law Review In war powers analysis, reliance on the interpretive method of historical practice, also called the “gloss of history,” has made history a technology of the forever war. This approach draws upon the h...

Rick Scott on @cnn.com: Every president since Truman has gone to war without a war declaration.
It's not a good sign that my work is relevant:
The Gloss of War: Revisiting the Korean War’s Legacy - Michigan Law Review share.google/bd3NyagMfAdL...

Wars of choice kill those who have no choice. "Mistakes" like the reported strike on a girls' school that killed forty civilians are the predictable result of poor planning and execution.

For more on "Mistakes" in War, read this by me and @azmatzahra.bsky.social
papers.ssrn.com/sol3/papers....

Almendares on Unitary Enforcement Nicholas Almendares (Indiana University Maurer School of Law) has posted Unitary Enforcement on SSRN. Here is the abstract: Enforcement is an essential part of law. Yet, increasingly Congress has no say over it. A full-throated embrace of the unitary executive theory by the Supreme Court has combined with other doctrines to push ever more power over enforcement to the executive branch—to the President.

Almendares on Unitary Enforcement

Nicholas Almendares (Indiana University Maurer School of Law) has posted Unitary Enforcement on SSRN. Here is the abstract: Enforcement is an essential part of law. Yet, increasingly Congress has no say over it. A full-throated embrace of the unitary executive…

When Extremism Becomes Moderation A Comment on Justices Gorsuch and Kavanaugh

Co-post with @williambaude.bsky.social
blog.dividedargument.com/p/when-extre...

I am very glad to see federal Indian law scholars @bethanyberger.bsky.social and Greg Ablavsky filing a brief because, man, I've seen been some ahistorical takes on what "subject to the jurisdiction" means for Native Americans & why the provision is there.

Here's their brief: https://

With the outstanding teamwork with Brendan Benedict and Michael Altebrando, @evanbernick.bsky.social & I proudly filed this originalist amicus brief defending birthright citizenship in Trump v. Barbara:
www.supremecourt.gov/DocketPDF/25...

Guest Post: The Learning Resources Roadmap for Hemani by Joel S. Johnson

My thoughts on the Learning Resources and Hemani over at @dividedargument.bsky.social:

blog.dividedargument.com/p/guest-post...

JUST IN: Prominent Washington lawyer Tom Goldstein convicted at tax trial reut.rs/47aa0yW

I am delighted to host Beau Baumann (@yalelawschool-yls.bsky.social/Utah Law) today @bulaw.bsky.social Clark Legal History Series to present our article:

"Quasi-Judicial: A History and Tradition" forthcoming @columlrev.bsky.social 2026.

4:20 to 6:20, room 410
papers.ssrn.com/sol3/papers....

Update - now it's ("The Passive Vices," forthcoming in Georgetown LJ) actually up on SSRN!

I'm also looking forward to coming out to do an event w/ the Georgetown LJ on the topic (likely this spring)!!

papers.ssrn.com/sol3/papers....

Moreau on Systemtic Discrimination and Structural Injustice Sophia Moreau (New York University School of Law) has posted Structural Injustice and Systemic Discrimination on SSRN. Here is the abstract: This paper explores the explanatory and normative work that political theorists and philosophers have wanted our concept of a “structural injustice” to do, with a view to assessing whether much of this work could be done by a properly expansive conception of “systemic discrimination” such as the conception that seems to underlie the broad duties of states parties in international human rights conventions such as CEDAW (the Convention on the Elimination of All Forms of Discrimination Against Women).

Moreau on Systemtic Discrimination and Structural Injustice

Sophia Moreau (New York University School of Law) has posted Structural Injustice and Systemic Discrimination on SSRN. Here is the abstract: This paper explores the explanatory and normative work that political theorists and philosophers…

I hope you write on this. I have been pondering myself.