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Bonus 219: The Demise of the Death Docket
Even as the emergency docket has exploded, the Court has all-but stopped intervening in capital cases—except to un-block executions lower courts had…
Apr 9
•
Steve Vladeck
127
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219. Drunks, Lampposts, and the Birthright Citizenship Case
Efforts to backfill academic support for the birthright citizenship executive order wouldn't have been possible without a Court open to such…
Apr 6
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Steve Vladeck
280
64
37
Bonus 218: Birthright Citizenship and the Cassandra Problem
President Trump's attempt to limit birthright citizenship may well be doomed. But that doesn't come *close* to disproving the concerns the Democratic…
Apr 2
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Steve Vladeck
226
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218. Qualified Immunity and the Shadow Docket
The Supreme Court's ruling in Zorn v. Linton illustrates the pathologies of both its current approach to qualified immunity doctrine and its willingness…
Mar 30
•
Steve Vladeck
204
22
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Bonus 217: The Day the Supreme Court Wasn't Supreme
In 1944, Congress enacted a statute effectively giving a specific Second Circuit panel the "final and conclusive" power to resolve a landmark antitrust…
Mar 26
•
Steve Vladeck
150
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217. The Virtues and Vices of "Certiorari Before Judgment"
The Supreme Court is granting certiorari "before judgment" more than ever before. That may be better than the alternatives, but is it healthy in the…
Mar 23
•
Steve Vladeck
177
12
26
Bonus 216: Shadow Docket Shadowboxing
Justice Barrett's Mirabelli concurrence is the latest example of attempts to defend the Court's behavior on emergency applications that don't…
Mar 19
•
Steve Vladeck
175
26
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216. Taking the TPS Cases Seriously
Two emergency applications seeking to put especially cruel Trump administration immigration policies back into effect are a referendum on the judicial…
Mar 16
•
Steve Vladeck
249
22
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