William Baude
@WilliamBaude
Harry Kalven, Jr. Professor @UChicagoLaw; teaching constitutional law and much more; director @UChicagoConLaw; blogger & podcaster @DividedArgument; dad x2.
"Fear of Balancing," my essay on Rahimi, is now published in the Supreme Court Review
Glad to hear someone else thinks “Does the voting rights act create rights?” is a silly question
If you thought our audio was a little out of sync, I’ve uploaded a new file so you should be able to delete and re download.
Unpredictable 30-minute episode on Trump v. Boyle The Thunder Docket | Divided Argument dividedargument.com/episodes/the-t…
Unpredictable 30-minute episode on Trump v. Boyle The Thunder Docket | Divided Argument dividedargument.com/episodes/the-t…
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"So a case that was about PrEP turned into a case that was about every preventive service except PrEP—only to become, in a roundabout way, a case about PrEP again. And maybe also wearables." My take on the Supreme Court's decision in Braidwood, @NEJM via @DividedArgument:
Congratulations to Alison LaCroix on winning The SHEAR Book Prize. #SHEAR2025
Essential reading.
Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue. My working draft is below, and comments are most welcome. papers.ssrn.com/sol3/papers.cf…
Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue. My working draft is below, and comments are most welcome. papers.ssrn.com/sol3/papers.cf…
🎙️ICYMI: our latest episode in which we chip away at our end-of-Term backlog by digging into Diamond Alternative Energy v. EPA is here 👇 dividedargument.com/episodes/snake…
Excellent essay by @StephenESachs and Will Baude dismantling Gienapp's anti-originalist arguments. Key point: What Gienapp claims were early arguments about the nature of the Constitution actually involved early arguments about the nature of constitutional federalism. By 1800,…
This paper almost found a home in a peer-reviewed journal. Two said publish, two said reject, and a fifth unsolicited review said it was the best treatment of the subject he'd ever read. I think the reviews were super helpful in making this a stronger piece (which is reflected…
Major revision just dropped of my birthright citizenship paper, incorporating lots of good feedback and with new evidence about safe conducts and immigration statutes from the 12th through 15th centuries. Link in next tweet.
Profs. @williambaude and Judith Miller recently received @uchicago’s Diversity Leadership Faculty Award for their seminar “Litigating Originalism,” which explored how lawyers can effectively litigate claims based on arguments rooted in originalist methods. buff.ly/X4tgkAV
New Penric and Desdemona dropped last week! a.co/d/bbkVIZM
Richard Fallon, In Memoriam, buff.ly/6WxLugJ - A tribute to the great scholar and dear friend.
New Paper with @WilliamBaude , forthcoming in the Yale Journal of Law & the Humanities: "Yes, The Framers Were Originalists" A critical review of Jonathan Gienapp (@TheGNapp)'s Against Constitutional Originalism. @SSRN link below, and comments welcome!
I am coming around to the view that it is really not helpful to give zero explanation of the reason for these orders, particularly when you know a fairly lengthy dissent is sure to be included.
🚨🚨BREAKING--BOOM: Trump scores another win at SCOTUS. 1/