The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

A Term Of DIGs And Almost-DIGs

|The Volokh Conspiracy |


This past term, the Court only issued 58 signed opinions. As low as that number is, it was made even lower by DIGs. The Supreme Court dismissed as improvidently granted two cases:

  • United States v. Texas was DIG'd. Justice Sotomayor dissented from the DIG.
  • Arizona v. San Francisco was DIG'd. Chief Justice Roberts wrote a concurrence to the DIG, joined by Justices Thomas and Alito.

In four other cases, dissenters would have DIG'd the petition:

  • Hemphill v. New York: Justice Thomas would have DIG'd.
  • Unicolors v. H&M Henens & Mauritz: Justice Thomas would have DIG'd.
  • Kemp v. United States: Justice Gorsuch would have DIG'd.
  • Shoop v. Twyford: Justice Gorsuch would have DIG'd the petition.

By contrast, during the OT 2020 Term, there was only one DIG, Henry Schein v. Archer. And Justice Alito would have DIG'd Minerva Surgical v. Hologic.

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.