The decision before the decision
On Friday, Aug. 21, Chief Justice John Roberts issued an administrative, or temporary, stay, allowing construction to continue on the White House ballroom. The order put on hold a district…
What the public thinks about the emergency docket
This column has generally been about what the emergency docket does: how fast the justices act, how often lower courts cite its orders, who dissents on it and in what…
Dissents on the emergency docket are not created equal
By now, you have probably read a great deal about the Supreme Court’s emergency docket – and a fair amount about the justices who disagree with its orders. Over the…
Justice shopping on the emergency docket?
Over the past year, I have written about the emergency docket, and each time the analysis has centered on substantive applications over such issues as whether agency heads can be…
How often do courts actually cite emergency docket orders?
Over the years, the Supreme Court has sent mixed signals about whether its emergency docket orders carry precedential weight. In 2021, Justice Samuel Alito said publicly that emergency orders are…