Judging the Supreme Court’s Emergency Docket

At last Friday’s University of Virginia Federalist Society Originalism Symposium on “Originalism and Article III,” I participated in a Rupe Debate with Professor Jed Shugerman on the resolution: “The Supreme Court’s deference to recent executive actions on the emergency docket is consistent with the separation of powers.”

Professor Shugerman and I had a fruitful and enjoyable exchange, even if he agreed with me on many points and we dove deep into the question of how the Supreme Court should have handled the stay applications in the various removal cases, such as Wilcox and Boyle. The video is below.