Judicial

Out of the Shadows: Understanding the Supreme Court’s Shadow Docket

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The Supreme Court of the United States often operates in the public eye, making landmark decisions that shape the legal landscape. However, a significant aspect of its work occurs behind the scenes, known as the “shadow docket.” This term refers to the court’s handling of emergency requests and other matters that do not follow the traditional path of full briefing and oral argument. As this area of the court’s function gains traction in public discourse, it is imperative to understand the mechanisms and implications of the shadow docket. What Constitutes the Shadow Docket? The shadow … Read more

SCOTUStoday for Monday, December 22

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Today marks a significant milestone for the SCOTUStoday newsletter, as it celebrates three months of providing insightful updates on the Supreme Court. We appreciate the continued support from our readers, which fuels our commitment to delivering timely and relevant content. As the holiday season approaches, we would like to remind our audience that there will be abridged editions of SCOTUStoday sent out on the upcoming days, with a brief pause over the holiday weekend. SCOTUS Quick Hits The Supreme Court has recently made headlines by rejecting a request from the Trump administration regarding a policy … Read more

What in the world is “zombie precedent”?

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The term “zombie precedent” is a fascinating concept in legal discourse, particularly in discussions surrounding judicial decisions that have outlived their original context or support. This intriguing phrase was popularized by Justice Antonin Scalia, who likened certain Supreme Court rulings to a ghoul that refuses to stay buried. Specifically, Scalia referred to the infamous Lemon test, which has haunted the court’s Establishment Clause jurisprudence for decades. The notion of a zombie precedent encapsulates the idea that some legal precedents can linger, re-emerging in legal arguments despite being largely discredited or abandoned. The Origins of Zombie … Read more

Judiciary Learning Center Bridges Gap Between Science and Law

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The intersection of science and law has become increasingly relevant in today’s society, where technological advancements continuously challenge existing legal frameworks. In response, the Judiciary Learning Center at the National Courts Building in Washington, D.C., offers a unique educational experience that aims to bridge this gap. This initiative not only enhances students’ understanding of the law but also encourages them to appreciate the role of scientific innovation in shaping legal principles. Innovative Learning Experiences The Federal Circuit Center for Innovation and Law provides an immersive environment for middle and high school students to explore the … Read more