Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)
A New York Times column on the Supreme Court offers a misleading picture and errant analysis.
shadow docket
Are We Witnessing "Appeasement"? A Reply to Steve Vladeck
A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times.
Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions
Rushing out opinions can lock in erroneous conclusions and create problematic precedent.
Mistaking Adherence to Formalist Principle for Appeasement
The Supreme Court's critics are too quick to assume the Court's orders are motivated by political considerations as opposed to principle.
SCOTUS Stays Injunction Against Removal of CPSC Commissioners
Further indication that independent agencies will not be "independent" much longer.
Federal Courts May Not Be Denny's, But They Are Open 24/7/365
Justice Kavanaugh's Trump v. CASA concurrence appears to reply to Judge Ho.
Does the Senate Reconciliation Bill Contain a Threat to Judicial Independence? Or Is It a Welcome Limit on Universal Injunctions?
The Senate has adopted its own version of a provision designed to limit preliminary injunctions against the federal government when no bond is posted.
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.
Supreme Court Restores Maine Legislator's Voting Rights Pending Outcome of Appeal
The Maine legislature has sought to silence and disenfranchise one of its members due to objections to things she said.
Justice Kavanaugh Stays District Court Order in Ohio Ballot Initiative Dispute
Not all of the action on the shadow docket involves President Trump.
Bagley and Bray on SCOTUS Denial of Stay in Department of State v. AIDS Vaccine Advocacy Coalition
An exploration of some of the thorny issues that divided the Court.
SCOTUS Denies Trump Administration Application to Stay District Court Order Blocking Pause of USAID Payments; Certiorari Sure to Follow
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
Where Did All the Summary Reversals Go?
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
Supreme Court Refuses to Stay Biden EPA Power Plant Rule
Some were surprised by the Supreme Court's action, but they should not have been.
A Conversation with Solicitor General Elizabeth Prelogar
One of the nation's finest oral advocates discusses representing the United States in the Supreme Court and other topics.
Justice Thomas Raises Concerns About Increase in Expedited Appeals on "Shadow Docket"
Speaking at the Eleventh Circuit Judicial Conference, Justice Thomas echoes some of the concerns expressed by Justice Kavanaugh.
Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court
Some interesting comments at the Fifth Circuit Judicial Conference
DOJ Files Petition for Writ of Mandamus to End Juliana Climate Litigation
The Justice Department is wasting no time seeking to put this zombie litigation out of its misery, and the plaintiffs are not happy about it.
Justice Kavanaugh Really Wants to Hear More (Patent) Cases
Not all of the justices are happy about the Court's stingy approach to certiorari.
Supreme Court Saves Mountain Valley Pipeline from Fourth Circuit Stay
The Supreme Court vacated a stay entered by the U.S. Court of Appeals for the Fourth Circuit.
Will SCOTUS Be the Mountain Valley Pipeline's MVP?
The Mountain Valley Pipeline's developers seek Supreme Court intervention to prevent the U.S. Court of Appeals for the Fourth Circuit from delaying its completion.
Supreme Court Denies Breeze Smoke Stay Application
The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.
Vaping in the Shadow Docket
An electronic cigarette manufacturer seeks a stay of FDA action from the Supreme Court.
Unusual Summary Reversal in St. Louis Excessive Force Case
An unusual but welcome move.
