Supreme Court

Congressional Intent and the Shadow Docket

January 24, 2020

Professor Stephen I. Vladeck’s recent essay in the Harvard Law Review entitled “The Solicitor General and the Shadow Docket” critiques the Solicitor General’s “unprecedented number of requests for emergency or extraordinary relief from the Justices,” including stays, mandamus, and certiorari before final judgment.  For example, he notes that the current administration has sought certiorari before…

The Supreme Court is Poised to Blow A Giant Hole in Gun Control. Here’s How the Liberal Justices Can Intervene.

October 21, 2019

Lost in the shuffle of a busy October at the Supreme Court—one filled with high profile developments concerning the right to abortion and the treatment of LGBT workers—was a single, ominous sentence buried away on page eleven of the Court’s first orders list of the Term: “The Respondents’ Suggestion of Mootness is denied.”  Despite its opacity, this single sentence is…