Introducing the Interim Relief Docket Stat Pack
28.01.2026 15:02
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Have you ever wished you had a Stat Pack for Supreme Court emergency applications like the one @dradamfeldman.bsky.social and @jaketruscott.bsky.social put together for the merits docket? Well now you do! Now live over on @scotusblog.com www.scotusblog.com/2026/01/intr...
Oh we are hearing motions and not just oral argument?!?
"They're continuing this post-Dobbs federalism framework of returning any type of contested moral social issues back to the democratic process at the state level," Davis said.
This expansion in turn boosts Trump's power, Davis added, b/c if administration officials know they are "likely to receive a stay on the emergency docket they can implement controversial policies immediately & fight the legal battle with the policy already in effect." www.reuters.com/legal/govern...
My latest piece at @scotusblog.com is out! I’ve spent years tracking how long it takes the Court to decide on emergency applications so you don’t have to. Here’s what I found.
www.scotusblog.com/2025/09/is-t...
“Missives of the type written by Gorsuch and Burroughs are highly unusual, according to Taraleigh Davis, a Bradley University professor who has written about the shadow docket.”
www.reuters.com/legal/govern...
I’m really excited to announce that last week I signed an advance contract with UVA Press for my book “In the Shadow of the Emergency Docket: Emergency Applications and the Evolution of Judicial Power” to appear in UVA Press’s book series Constitutionalism and Democracy!
I see them granting relief in 24A653 Garland v. Texas Top Cop Shop - is this included?
Why didn’t anyone tell me? :(
I worked as a lady Mudcat in high school - so sad they are moving to Wilson
Great read on the dissent - data contradicts Alito's claim granting emergency relief w/o gov’t response was “unprecedented” It only requests responses in 33% of cases & grants 46% of those. The Court granted relief w/o responses in 11% of emergency apps (16-21) Not unprecedented—just less common.
Jackson in her dissent (joined by Sotomayor) argued that application lacked urgency since the TRO would expire in three days, the Dept abruptly terminated over 100 grants with min. explanation & appeared arbitrary and capricious, harm to states and education institutions was significant and concrete
SCOTUS just overturned a TRO in Dept of Ed v. Ca - deciding it was actually a preliminary injunction in disguise. They also determined the Gov’t would likely succeed in showing the DC lacked jurisdiction to order payment under the APA. Respond. Wouldn’t suffer irreparable harm if TRO was stayed
So cool! I remember a talk on this I think pre-Covid!
Chief Justice Roberts requests a response by April 1st in Trump v. J.G.G. (24A931) AEA case with Judge Boasberg - Fun Fact at the end of last term it looks like we were up to 24A215 so from Oct 2024 to now we’ve made it to 931! #shadowdocket #trumpeo #aea
Justice Kagan requests a response by April 3 in OPM v. American Federation of Government Employees (24A904) the SG requested an administrative stay as well as a stay of the injunction that ordered the rehiring of 16,000 probationary employees www.supremecourt.gov/search.aspx?...
Second and last case of the day Bondi v. Vanderstock - Gorsuch writes for 7-2 majority that the ATF’s rule regulating ghost guns is valid. Thomas and Alito dissent saying that the text of the Act doesn’t cover unfinished parts and that weapons parts kits aren’t “weapons” until assembled
Court issued 2 opinions this morning first in U.S. v Miller Justice Jackson writes in an 8-1 opinion that the trustee in the case can’t recover the money from the IRS. Gorsuch dissents saying the government can be sued because Congress removed their special protection in bankruptcy cases.
We’re not to the merits of the case yet - they (DOJ/Trump) are basically asking just asking to lift the nationwide pause so they can start enforcing the EO
It is really hard to predict what they will say once we get to that point
Also when the justices request a response it’s usually a shorter deadline.
Depends…. :) Good if you think that the enforcement of the President’s executive order on birthright citizenship should remain on hold.
Chief Justice Roberts requests a response by April 4th in Trump v. CASA (24A884) I think it’s notable the amount of time AND that there is no temporary stay of the lower courts in the meantime www.supremecourt.gov/search.aspx?...
Love this!!!!
Throwback to Con Law in the Fall where my class argued the Glossip case - they came out 4-4 based on how they thought their justice would rule. (Yes Gorsuch recused but he was still there for the assignment’s sake) @bradleyupolisci.bsky.social
Happy to share that my article on procedural legitimacy, the shadow docket, and support for the U.S. Supreme Court from APR is out!
journals.sagepub.com/eprint/B7CHBCB… #shadowdocket #apr #courtlegitimacy
Howdy!!! :)
Autocrats in the Reputation Era: my new research shows they support independent courts when they fear karma’s coming. #firstview www.cambridge.org/core/journal...
