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The Latest Breaking News from Adam Liptak

Supreme Court’s ‘shadow docket’ brings hasty decisions with long-lasting implications, outside of its usual careful deliberation

The recent publication of confidential Supreme Court memoranda by The New York Times has brought to light a pivotal moment in the court’s history. “The birth of the Supreme Court’s shadow docket has long been a mystery,” wrote reporters Jodi Kantor and Adam Liptak. “Until now.”

The Conversation

Journalistic and Legal Ethics for SCOTUS Reporters

What happens when there is a conflict between the two standards?

Reason

Court Leaks and Attorney-Journalists

The professional-ethics implications of making court confidences public.

Reason

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read the most diverse news in one place.

NYT To SCOTUS: "I just want them to know we're watching them."

We learn fascinating insights about how the newspaper of record covers the "holy of holies of American law."

Reason

The New York Times's Latest Analysis of Trump Judges

The truth may be that the judges actually believe what they are writing. For the left, that truth is too hard to process, so they rely on the "auditioning" charge.

Reason

A "Bombshell" Or a Dud?

Once again, originalism is only elevated when a scholar with conservative credentials opposes conservative jurisprudence.

Reason

Justice Kennedy on Originalism and Bush v. Gore

Interesting tidbits in an interview with Adam Liptak

Reason

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What Should We Call the "Shadow Docket"?

Should it be the interim docket? The emergency docket? The emergency orders docket? The short order docket? Something else?

Reason

Looking for Partisan Patterns in the Shadow Docket

The New York Times examines the "sharp partisan divides" on the Supreme Court's interim docket.

Reason

Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions

Rushing out opinions can lock in erroneous conclusions and create problematic precedent.

Reason

"The Supreme Court Is Not Cowering Before Trump on the Shadow Docket"

"Nor is it taking a new approach."

Reason

What the Honorable Maryann Trump Barry Said about the Ability of the Secretary of State to Order the Deportation of Individuals Lawfully Present in the U.S.

It turns out the President's sister concluded the law being used to deport Mahmoud Khalil is unconstitutional.

Reason

Where Did All the Summary Reversals Go?

Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?

Reason

Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda

Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.

Reason

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Reason

A Modest Revelation About Trump v. Anderson

Recent New York Times reporting about the Court's deliberations on the case modestly reinforces the view that the Court ruled that disqualification from office-holding under Section 3 requires congressional legislation.

Reason

NY Times Big Reveals On Deliberations In Three Trump Cases

How did Roberts come to write Trump v. Anderson, Fischer v. United States, and Trump v. United States?

Reason

16 Disclosures from the New York Times Leak Report About Dobbs

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

Reason

NRA and ACLU Teaming up on the First Amendment in NRA v. Vullo

I'm delighted to report (as Adam Liptak wrote in today's New York Times) that the ACLU will be representing the NRA in this important First Amendment case, and that the ACLU's Legal Director David Cole—an experienced Supreme Court advocate—is (the Times notes) planning on arguing. The issue in the case…

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Reason

COVID-19 and the Confrontation Clause

Is testimony over Zoom consistent with a criminal defendant's Constitutional rights?

Reason

Could Failure to Inform Insurer of Affirmative-Action Lawsuit Cost Harvard $15 Million?

Pro-tip: If you are sued, and you expect your insurer to pick up the bill, it is a good idea to give them timely notice.

The Independent UK

Joe Kennedy: How Christian conservatives made a hero of a high school football coach

Case being considered by US Supreme Court among several likely to make history break with precedent, writes Andrew Buncombe

People

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