Page 4 - Will Baude News Today

<p>The problem with the historical arguments in this term's SCOTUS decisions is that the court isn't "using" history but "choosing" it—deciding whether or not historical examples map onto present beliefs about the legitimacy of rights or regulations. </p>

A dizzyingly circular display.

What did it take for him to finally speak out? He has joined the liberal justices in seeing an abuse of the shadow docket.

Without argument or explanation, the justices just keep changing the law.

Supreme Court's Alabama election map travesty and its worn-out 'shadow docket' defense from Justice Brett Kavanaugh, Samuel Alito and others is bad for America.

Decisions that are issued in the middle of the night with no explanation do not inspire confidence.

Tanzin v. Tanvir -- gleaning from them that "the Supreme Court is stepping up to deliver by reintroducing some common sense to the law." I know and admire Anya and Patrick, and I have great respect for their work challenging qualified immunity, and their advocacy for liberty generally. But their op-ed is profoundly mistaken in its suggestion that the Court is preparing to reconsider qualified immunity. The orders in Taylor and McCoy vacated especially egregious grants of immunity, which does ...

Adam KlasfeldFeb 18th, 2021, 4:35 pm In a trio of cases of men seeking to be executed next to a spiritual advisor, a Muslim, Buddhist and Christian reached different outcomes before a Supreme Court that remained tight-lipped about its reasoning. The high court did not reveal why the justices denied Domineque Hakim Marcelle Ray a Muslim advisor before sending him to his death. Patrick Henry Murphy, a Buddhist priest, was spared the ultimate judgment, with one justice finding that prison offic...

Supreme Court’s ‘Shadow Docket’ to Take Center Stage at House Hearing Jerry Lambe © Provided by Law & Crime The House Judiciary Committee is holding a hearing on Thursday afternoon to address the rise of the “shadow docket” in the Supreme Court of the United States. The term “shadow docket,” first coined by University of Chicago law professor Will Baude in 2015, refers emergency rulings decided outside the Court’s regular docket—before the lower court has re...