Harvard magazine reports on recent comments by retired Supreme Court Justice Stephen Breyer on the "shadow docket." Although Justice Breyer would likely vote with the more liberal justices on many interim orders, he…
Do the internal Supreme Court memos concerning the stay of the Clean Power Plan reveal judicial hypocrisy or a failure of the justices to apply the proper standard of review? Many commentators seem to think so. Many also seem…
It is much easier to complain about how the Supreme Court handles interim orders on the "Shadow Docket" than to propose meaningful and acceptable reforms. That is, if one is concerned about the process and practice…
This morning's New York Times contains a blockbuster scoop by Adam Liptak and Jodi Kantor: Internal memos from the Supreme Court discussing whether to stay the Obama Administration's Clean Power Plan. The NYT has…
At last Friday's University of Virginia Federalist Society Originalism Symposium on "Originalism and Article III," I participated in a Rupe Debate with Professor Jed Shugerman on the resolution: "The…
Some excerpts from the 88 pages of opinions in AFSCME v. Social Security Admin., decided today by the Fourth Circuit en banc, in an opinion by Judge Toby Heytens: Three organizations sued to stop the Social Security…
On Wednesday, I participated in the Rappaport Forum at Harvard Law School on "The Docket that Shall Not Be Named" with Professor Kate Shaw. The discussion was moderated by Professor Richard Re. As regular readers…
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