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Bonus 77: Why You Should Listen to the EMTALA Oral Argument
The Court may yet hold that federal law preempts state abortion bans in cases of non-life-threatening medical emergencies. But several justices tried…
23 hrs ago
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Steve Vladeck
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Bonus 77: Why You Should Listen to the EMTALA Oral Argument
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77. Justice Gorsuch and "Nationwide" Injunctions
Justice Gorsuch is right to be wary of relief that benefits non-parties. But as his latest opinion underscores, he's inconsistent in when it bothers him…
Apr 22
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Steve Vladeck
50
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77. Justice Gorsuch and "Nationwide" Injunctions
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Bonus 76: Justice Kavanaugh's Defense of the Shadow Docket
In a 13-page concurrence defending the Court's recent behavior respecting emergency applications, Justice Kavanaugh failed to engage with some of the…
Apr 18
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Steve Vladeck
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Bonus 76: Justice Kavanaugh's Defense of the Shadow Docket
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76. A Taxonomy for Court Reform
There are lots of different proposals out there for how Congress could seek to reform the Supreme Court. In general, they fall into three very different…
Apr 15
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Steve Vladeck
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76. A Taxonomy for Court Reform
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Bonus 75: Where Have All the Cert. Grants Gone?
The Court has only two cases on its docket so far for the October 2024 Term. That's low even by the justices' recent standards—and further evidence of…
Apr 11
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Steve Vladeck
53
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Bonus 75: Where Have All the Cert. Grants Gone?
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75. The Supreme Court's (Formal) Rulemaking Power
Four new proposals from the Supreme Court provide a useful opportunity for a deeper dive into the source of, and debates over, the rulemaking powers…
Apr 8
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Steve Vladeck
55
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75. The Supreme Court's (Formal) Rulemaking Power
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Bonus 74: Shopping for Justices
A new emergency request from Peter Navarro highlights an old quirk in the Supreme Court's rules—one of several anachronisms left over from before the…
Apr 4
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Steve Vladeck
58
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Bonus 74: Shopping for Justices
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74. "What If No One Has Standing?"
Justice Alito's concern during the mifepristone argument that courts might not be able to hear challenges to every unlawful federal government action…
Apr 1
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Steve Vladeck
91
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74. "What If No One Has Standing?"
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March 2024
Karen's Corner—March 2024
Why we are moving to DC; how to start using social media for networking; and a request for your best Paris recommendations
Mar 28
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Karen Vladeck
43
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Karen's Corner—March 2024
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73. The Supreme Court and State Courts
From the beginning, the Supreme Court has had a different relationship with state courts than with lower federal courts, with relevant takeaways for our…
Mar 25
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Steve Vladeck
75
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73. The Supreme Court and State Courts
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Bonus 72: Administrative Stays and Justice Barrett's SB4 Concurrence
Justice Barrett is right that "administrative" stays should rarely provide a basis for emergency relief from the Supreme Court, but she's wrong about…
Mar 21
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Steve Vladeck
51
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Bonus 72: Administrative Stays and Justice Barrett's SB4 Concurrence
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72. 30 Hours of SB4 Whiplash
After a whirlwind of technical litigation developments, Texas's controversial new immigration law is back on hold as of late Tuesday night. How did we…
Mar 20
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Steve Vladeck
123
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72. 30 Hours of SB4 Whiplash
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