The Latest Breaking News from Will Baude

Court Leaks and Attorney-Journalists

The professional-ethics implications of making court confidences public.

Reason · Apr 20

"The Biggest Scandal Here Is In Fact the Leaks Themselves"

The leak of internal Supreme Court memos could affect how the Court operates.

Reason · Apr 20

A "Bombshell" Or a Dud?

Once again, originalism is only elevated when a scholar with conservative credentials opposes conservative jurisprudence.

Reason · Oct 14, 2025

Baude on Trump v. Wilcox: "Predictable and Reasonable"

A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.

Reason · May 23, 2025

The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence

A response to questions from Justices Kagan and Barrett.

Reason · May 16, 2025

Choice of Law in Takings Cases After Tyler v. Hennepin County (III)

The Court’s departures from standard choice of law principles (or, takings doctrine for federal courts gurus).

Reason · Jan 22, 2025

Jack Smith Explains Why He Did Not Charge Trump With Insurrection

And Smith demonstrates why the Colorado Supreme Court got it wrong.

Reason · Jan 14, 2025

The Unprecedented Dynamics of Trump's TikTok Brief

Trump wants to make a deal so SCOTUS doesn't have to.

Reason · Dec 29, 2024

Calling for the Views of the President-Elect

[This post is co-authored by Will Baude and Richard Re and cross-posted at Re's Judicata.] When a new presidential administration… The post Calling for the Views of the President-Elect appeared first on Reason.com.

Reason · Dec 19, 2024

A Modest Revelation About Trump v. Anderson

Recent New York Times reporting about the Court's deliberations on the case modestly reinforces the view that the Court ruled that disqualification from office-holding under Section 3 requires congressional legislation.

Reason · Sep 16, 2024