Law

December Docket Dash: Twenty New Likely Relists on Seven Issues

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The Supreme Court is currently navigating a busy docket as it approaches the mid-January deadline for filling out its argument calendar. Among the cases under consideration, a notable trend has emerged involving relisted petitions, particularly those that challenge significant legal issues. This December, twenty new cases are anticipated to be relisted for further examination, reflecting the court’s ongoing engagement with complex legal questions that impact various facets of law and society. Understanding Relists and Their Importance Relists occur when the Supreme Court decides to postpone a decision on a certiorari petition, essentially placing it back … Read more

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 Tuesday, December 23

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On December 23, 2025, the Supreme Court of the United States (SCOTUS) continues its tradition of providing updates on significant legal matters, particularly as the holiday season approaches. This edition of SCOTUStoday highlights key developments and ongoing discussions within the Court, which is currently navigating complex issues ranging from birthright citizenship to redistricting. As the Court prepares for a brief hiatus during the holidays, legal enthusiasts and scholars alike are keenly observing the implications of these cases. Holiday Traditions at the Supreme Court The Supreme Court Building has a long-standing tradition of celebrating the holiday … 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