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COURTLY OBSERVATIONS

Why the shadow docket should concern us all

By Erwin Chemerinsky on Aug. 4 at 10:00 am

The Supreme Court’s emergency docket has gotten a great deal of attention as of late, and for good reason. There is much that is troubling about the court’s actions on it, including issuing significant rulings without explanation, implicitly overruling long-standing precedents, and ignoring the standards for appellate review.

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(William Hennessy)

EMERGENCY DOCKET

Groups ask justices to leave order in place requiring Trump administration to fund studies linked to DEI initiatives

By Amy Howe on August 1 at 4:57 pm

On Friday, a group of 16 states and a group of private plaintiffs, led by the American Public Health Association, asked the Supreme Court to reject the Trump administration’s request for emergency relief from a lower court’s requirement that it pay over $750 million in grant payments. According to the plaintiffs, there is no reason for the justices to intervene because “[t]he only unlawful decisions here are the federal government’s. And the only urgency is that manufactured by NIH in its haste to implement its unprecedented and unreasoned policies.”

SCOTUS NEWS

Court asks for new briefs in Louisiana redistricting case

By Amy Howe on August 1 at 6:45 pm

The justices heard arguments in the case in March but then indicated on June 27 that they would call for supplemental briefing and rehear the case during the 2025-26 term.

SCOTUS NEWS

Will the Supreme Court hear Ghislaine Maxwell’s case?

By Kelsey Dallas on July 31 at 9:35 am

Ghislaine Maxwell, a longtime associate of Jeffrey Epstein, wants the Supreme Court to overturn her conviction on charges related to sex trafficking. Will the justices agree to weigh in?

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WHAT WE’RE READING

The morning read for Monday, August 4

By Zachary Shemtob on August 4, 2025

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Monday morning read:

WHAT WE’RE READING

The morning read for Friday, August 1

By Zachary Shemtob on August 1, 2025

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Friday morning read:

WHAT WE’RE READING

The morning read for Thursday, July 31

By Zachary Shemtob on July 31, 2025

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Thursday morning read:

EMERGENCY DOCKET

Mississippi urges court to uphold restrictions on children’s access to social media

By Amy Howe on July 30, 2025

Mississippi on Wednesday urged the Supreme Court to leave in place restrictions on access by young people to major social media sites like Facebook, Instagram, and Snapchat. The state’s attorney general, Lynn Fitch, told the justices that although the restrictions had been in effect for other social media sites for over a year, the tech industry group challenging the restrictions “has not identified anyone with a complaint about accessing any platform, one instance of a platform censoring speech, or any platform that has shut down or had any difficulty complying with” the restrictions.

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