“If #SCOTUS and its defenders want to persuade those who aren’t already onboard that the justices’ behavior in these cases is all fine and dandy, a good place to start would be responding to the critics directly and persuasively—rather than caricaturing their arguments and knocking down strawmen.”

Bonus 216: Shadow Docket Shado...

Bonus 216: Shadow Docket Shadowboxing

Justice Barrett's Mirabelli concurrence is the latest example of attempts to defend the Court's behavior on emergency applications that don't meaningfully engage *with* the criticisms—or the critics.

^{Steve Vladeck (One First)}