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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…
22 hrs ago
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Steve Vladeck
155
9
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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
170
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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
244
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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
159
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
171
45
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214. The Court's (Selective) Impatience is a Vice
The only theme uniting Monday night's twin grants of emergency relief is the Republican appointees' willingness to upend long-settled limits on the…
Mar 3
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Steve Vladeck
308
36
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213. The Federal Tort Claims Act
One of the reasons why it's so hard to sue the federal government for damages is because, even when Congress *has* authorized such suits, it's imposed…
Mar 2
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Steve Vladeck
192
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