Advisory Opinions Will SCOTUS Show Its True Colors?
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Feb 10, 2026 Discussion of the Supreme Court's interim orders and whether it will avoid deciding big gerrymandering fights. A deep look at interim docket statistics and how emergency filings differ from final merits decisions. Analysis of a Fifth Circuit habeas ruling about immigrant detention and why statutory wording matters. A candid courtroom moment about the strain on attorneys and courts.
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Spike In Interim Relief Grants
- The 2024–25 interim docket showed starkly more divided and frequent relief grants than prior terms.
- Sarah Isgur highlights a 53% relief grant rate and that Trump administration applications won 90% of their 27 emergency appeals.
Case Selection Drives Win Rates
- High interim win rates for one administration reflect strategic case selection, not necessarily court capture.
- David French and Jack Goldsmith (via Sarah) argue the administration picks strong emergency cases and the court must rule on each appeal it receives.
Comey’s Bungee Cord Analogy
- James Comey and Jack Goldsmith defended the judiciary's overall role in checking executive overreach during crises.
- Comey compared the judiciary's work to a bungee cord that eventually snapped back to check lawlessness.