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Morning Docket: 08.25.26

Morning Docket: 08.25.26

* Supreme Court uses shadow docket to lift injunction against Trump proposal to use Post Office to block votes from states that Trump doesn’t approve. The majority ruled the injunction premature because the Post Office hadn’t issued a final rule yet. The...

SCOTUS sides with Trump administration in mail-in voting dispute

SCOTUS sides with Trump administration in mail-in voting dispute

Justice Lewis Powell died on this day in 1998. During his time on the Supreme Court, Powell was considered a moderate, leaning “to the right on some key issues and to the left on others.” CNN recently described him as one of a series of justices who occupied a...

Gutting the Alien Tort Statute

Gutting the Alien Tort Statute

The Supreme Court’s decision in Cisco Systems, Inc. v. Doe I, decided in June, is a lethal blow to suits under the federal Alien Tort Statute. Such litigation often is the only remedy available to victims of human rights abuses. Through Cisco, the court has...

The justices should regularly sit on the lower courts

The justices should regularly sit on the lower courts

This is the fifth piece in a series on what I believe the court can, and should, do better.***Each term, the chief justice appoints a circuit justice for each of the twelve regional courts of appeals. These appointments are expressly authorized by 28 U.S.C. § 42....