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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…
23 hrs ago
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Steve Vladeck
165
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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
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Steve Vladeck
140
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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
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Steve Vladeck
177
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25
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
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Steve Vladeck
173
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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
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Steve Vladeck
249
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Bonus 215: How I Write the Newsletter
I've received a number of questions from readers about the process involved in how I write—and decide what to write about in—the newsletter. This week's…
Mar 12
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Steve Vladeck
163
35
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215. The Supreme Court and Vietnam
The obstacles to litigating the grave legal questions arising from the United States' military operations against Iran can be traced to the Court's…
Mar 9
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Steve Vladeck
230
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Bonus 214: Emergency Relief from State Courts
At a moment in which the Supreme Court's emergency docket is *already* busier than ever, Monday's stay grant in the Malliotakis case wrongly expands it…
Mar 5
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Steve Vladeck
172
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