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NEW ARTICLE on @SSRN: "The Practice of Executive Constitutionalism," by me and @conorjclarke (forthcoming in @VirginiaLawRev). Check it out! (Link in next tweet to avoid being crushed by the @X algorithm).
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Dan Epps
11.3K posts
Dan Epps
@danepps
Howard and Caroline Cayne Distinguished Professor of Law, @WUSTL. Con law 📜, crim law/pro 👮, SCOTUSology 🏛. Cohost 🎤@DividedArgument.
⚜️ St. Louis, MO ⚜️ Katılım Aralık 2010
993 Takip Edilen15.8K Takipçiler
@BarExamTutor @jimmy_esq Students don’t have a “right” to an educational experience entirely on their own terms. They don’t have a right to get credit despite not attending class. They are entitled to the educational experience that the school has chosen to promote learning.
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It doesn't ignore the externalities. But it does balance them against what I deem to be the right of the student who has a preference different than the professor.
Though I'll grant that my decision as to how that balance should play out is a subjective one subject to reasonable disagreement.
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This is silly. Students pay for the education; the product has value only if it actually delivers on that promise. If “give the customer what they want” was the guiding principle, all schools would just be diploma mills with guaranteed As and no standards.
Sean Silverman: Silverman Bar Exam & LSAT Tutoring@BarExamTutor
The problem with this policy, as I see it, is that law students have purchased a very expensive product. Have you seen tuition lately? They are the buyer; the school is the seller. If the purchaser of a product, an adult no less, believes that he/she will get more out of that purchase by having a laptop in class, that should be their right. Adults don't need other adults to tell them what's best for them. I'd, personally, say the same about AI, but the computer ban is even more nonsensical. Frankly, this will probably go on until us oldies have died out. When people who have used computers their entire educational life are the ones making these decisions, I don't think computers will be banned from classrooms. But until then, people will, by nature, cling to the past.
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@brianlfrye @JayDeeThoughts Every study I’ve seen shows that banning electronics helps with learning 🤷♂️
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Dan Epps retweetledi
This: “Chicago is betting that putting a sharper focus on rigor and learning will make the school more, not less, appealing.”
Maya Sen@maya_sen
Admin bloat, grade inflation, fancy and expensive dorms, focus on the extracurricular experience - all cater to the student as a “consumer” And actually, Chicago is betting that putting a sharper focus on rigor and learning will make the school more, not less, appealing
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The SCOTUS version of realizing that the person you think is your best friend has a different best friend
SCOTUSgami@SCOTUS_gami
Who did each justice agree with the most this term? Roberts: Kavanaugh (80%) Thomas: Gorsuch (57.9%) Alito: Kavanaugh (67.5%) Sotomayor: Jackson (71.4%) Kagan: Sotomayor (67.5%) Gorsuch: Barrett (60.2%) Kavanaugh: Roberts (80%) Barrett: Roberts (73%) Jackson: Sotomayor (71.4%)
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@danepps But, mightn't he have confided in colleagues, one of whom leaked to NT? (Be sure to track down Mark Halperin's explanation for his theory that EK was source of Dobbs leak).
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I am confident that, even if he were retiring, Justice Alito would not give Nina Totenberg of all people a three day heads up before publicly announcing his retirement.
Douglas Farrar@DouglasLFarrar
Given that the Speaker had a statement ready to go, and that Nina Totenberg is the dean of the SCOTUS press corps, who is a logical recipient of this big retirement story, this looks like an embargo broken to me. I expect we'll see Alito announce his retirement soon.
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From @mariaglover, "The authoritarian power play is happening at the Supreme Court"
ms.now/opinion/suprem…
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The hype on this one is justified.
Pop Crave@PopCrave
‘Obsession’ will be released on digital streaming platforms tomorrow.
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@EliasOakland If that happened Nina would have been free to report about it and wouldn’t need to be apologizing
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@danepps are you equally confident that (1) none of the people he would tell would turn around and tell anyone and (2) none of those people would turn around and tell anyone and (3) none of the people who end up with the info would tell Totenberg?
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A laughable and fact-free take. NPR’s screwup is bringing out the conspiracy theorists.
lawyersgunsmoneyblog.com/2026/06/alito-…
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I know we don’t do Running of the Trolls anymore, but some people still believe SCOTUSBlog is the Supreme Court on social media. To be clear, it’d be great if they were on social, but we’re not them.
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Dan Epps retweetledi
Why is this necessary when the PDFs are on the website instantly
Andrew Leyden@PenguinSix
Runners! The shout goes out as interns run the Supreme Court decisions to their network anchors today. At least one more day of decisions coming as the court ruled on only 3(4) cases today.
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I think the idea that the news of a Justice’s retirement would be released to the media but embargoed for days is highly implausible. There would be no reason for a Justice to do that, and there’s no way the secret wouldn’t leak in the meantime.
Ari Cohn@AriCohn
I suppose the question is: Is this an obituary-like situation, where people pre-write the article in case it happens so they can publish near instantaneously? Or was the mistake that the retirement info was still embargoed? (More likely, I'd have to think)
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@vicnourse They definitely considered it, because the opinion strains to avoid the use of pronouns entirely.
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Dan... how old are these people? Doubt they even considered it...a clerk might...
Dan Epps@danepps
I would love to know what the debate (if there was one) among the conservative justices was on whether to use pronouns to refer to the plaintiff.
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If true, this would be the biggest SCOTUS media screwup since the major networks reported that the Court struck down the ACA
isaac@isaacappelt
NPR is reporting Alito is retiring but @SCOTUSblog says SCOTUS press information officer has spoken to the author of the article and that it was published “by mistake.” potentially massive journalism scandal brewing.
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