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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 suggest the Justices want to curb the worst excesses of the doctrine. But they also suggest the Supr...

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 officials could constitutionally deny a spiritual advisor so long as they did not play favorites. The Chr...

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 reached a final decision on the merits—which do not require the justices to indicate their vote and ...