Advisory Opinions SCOTUS Sides with Trump
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Jun 27, 2025 William Baude, a law professor at Chicago University, and Daniel Epps, a law professor at Washington University, dive into the Supreme Court’s intriguing non-decision on birthright citizenship. They dissect the implications of judicial supremacy and the notable clash between Justices Amy Coney Barrett and Ketanji Brown Jackson. The conversation humorously touches on naming legal dockets and contrasts judicial philosophies, offering insights on equity, standing, and how recent rulings are reshaping federal law's landscape.
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The Illusion of the Shadow Docket
- The Supreme Court's so-called 'shadow docket' now takes center stage as an active emergency relief docket.
- The term 'emergency docket' better reflects its constant and public nature.
Surge of Injunctions From Polarization
- Increased executive actions and polarized courts have contributed to a surge in nationwide injunction litigation.
- Courts now more eagerly weigh in on controversial federal policies, partly due to ideological divides.
Forum Shopping Remains Prevalent
- Forum shopping persists because states strategically select favorable judges for broad injunctions.
- The doctrine of 'special solicitude' for states is vague but influences litigation dynamics.