The Docket that Shall Not Be Named

On Wednesday, I participated in the Rappaport Forum at Harvard Law School on “The Docket that Shall Not Be Named” with Professor Kate Shaw. The discussion was moderated by Professor Richard Re.

As regular readers would expect, I sought to put discussion of the Supreme Court’s “shadow docket” into perspective and explain why I believe it is premature to draw conclusions about what the pattern of recent decisions regarding requests for interim relief says about the Court, the Court’s relationship to the executive branch, or even the Court’s relationship with the second Trump Administration.

I was supposed to be participating in person. Alas, the weather and the airlines did not accommodate. So while I had to participate Oz-style, as a disembodied head on the wall, I believe we had a worthwhile discussion. Video below.