Procedural Changes at the Court: What is Next for Nationwide Injunctions and the Emergency Docket?
Description
This panel will discuss the implications from the Supreme Court’s end-of-term decision significantly limiting nationwide injunctions (Trump v. CASA), in addition to providing context about changes to the Court’s emergency docket (aka shadow docket). The discussion will likely include insight on what those changes mean for the Court more broadly particularly in light of recent public criticisms from members of the Court.
Materials for Panel
The aftermath of the emergency order in Trump v. Wilcox
- Memorandum Opinion in United States Institute of Peace v. Kenneth Jackson - U.S. District Court for the District of Columbia (take particular note of p. 87-93)
- Stanford’s William B. Gould IV on the Supreme Court’s Decision in Trump v. Wilcox - William B. Gould IV, Stanford Law School
- Justice Kagan Tells Us What She Really Thinks About President Trump - Josh Blackman, Reason (The Volokh Conspiracy)
- Trump v. Boyle, No. 25A11 — Application for Stay - Supreme Court of the United States
V.O.S. Selections, Inc. v. Trump
- Brief for Plaintiffs-Appellees - United States Court of Appeals for the Federal Circuit
- Reply Brief for Appellants - U.S. Court of Appeals for the Federal Circuit
U.S. District Court N.H. Certifies Nationwide Class for Birthright Citizenship Case
- Federal judge issues new nationwide block against Trump’s order seeking to end birthright citizenship - Devan Cole and John Fritze, CNN
- Order Granting Preliminary Injunction and Provisional Class Certification in “Barbara,” et al. v. Donald J. Trump, President of the United States, et al. - U.S. District Court for the District of New Hampshire
- Collins and Erman on Universal Injunctions and Birthright Citizenship in Trump v. CASA - Michigan Law
- Justice Ketanji Brown Jackson Attacks Emergency Docket Rulings - Edith Olmsted, The New Republic
- Justice Kavanaugh defends Supreme Court’s terse emergency docket orders - John Fritze, CNN
- Memorandum Opinion in J.G.G. v. Donald J. Trump - U.S. District Court for the District of Columbia
- Contempt Plan for Trump Aides Has Been Paused by Appeals Court for Months - Alan Feuer, New York Times
- The Past and Future of Universal Vacatur - Mila Sohoni, The Yale Law Journal
The Portion Holding States May Get Total Relief
- Will Trump v. CASA Lead to Increased State AG Multistate Investigations and Litigation? - Rebecca Furdek, Husch Blackwell
- What Trump v. CASA Means for the Future of Universal Relief in Administrative Law - Christopher J. Walker, Yale Journal on Regulation
- A Constitutional Safety Valve for Effective Universal Relief - John Langford, Lawfare