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A helpful and accessible @imillhiser explainer about #SCOTUS’s “shadow docket.”

I’ll just add that, compared to my data Ian cites, we’re now up to *34* emergency applications from the Trump DOJ (13 this Term), and *11* 5-4 shadow docket rulings since October. It’s getting worse.
Here’s the DOJ data:

And here’s the list of the 11 (public) 5-4 “shadow docket” rulings this Term, with the caveat that shadow docket rulings sometimes have hidden dissenters:

For more on the Trump Administration’s unusually aggressive—and remarkably successful—reliance on #SCOTUS’s shadow docket, here’s an op-ed I wrote back in June:

nytimes.com/2020/06/17/opi…
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Steve Vladeck
@steve_vladeck
Second (and *not* last) #SCOTUS decision is in June Medical. Court *strikes down* Louisiana abortion ban.

4-1-4, with Chief Justice Roberts concurring in the judgment:

supremecourt.gov/opinions/19pdf…
Chief Justice Roberts's bottom line:

"The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore, Louisiana’s law cannot stand under our precedents."

Worth noting: He dissented from that precedent.
"The result in this case is controlled by our decision four years ago invalidating a nearly identical Texas law. The Louisiana law burdens women seeking previability abortions to the same extent as the Texas law, according to factual findings that are not clearly erroneous."
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Steve Vladeck
@steve_vladeck
A friendly reminder that any active judge on the D.C. Circuit can ask the full Court of Appeals to vote whether to rehear a panel decision “sua sponte”—that is, even without any party formally petitioning for such an “en banc” rehearing.
The D.C. Circuit currently has 11 active judges, any of whom (including a member of the original panel) is eligible to request a vote to have the full court rehear a panel decision.

It takes a majority—so 6 votes to take a case “en banc.”
And here's a case all the way back from ... September ... in which the two judges in the majority in today's Flynn ruling dissented from the D.C. Circuit's refusal to rehear a different panel decision even though no party had asked it to:

cadc.uscourts.gov/internet/opini…
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Steve Vladeck
@steve_vladeck
1. The new defense of Barr's conduct over the weekend is that he was just trying "to find a job for [Jay] Clayton."

There are at least three problems with this effort to whitewash what Barr did and said—all of which suggest that he was, indeed, acting in bad faith.

A #thread:
2. First, the Clayton story makes no sense because the Senate still uses blue slips for U.S. Attorneys.

There is a 0.0% chance that both Sen. Schumer and Sen. Gillibrand would've signed off on confirming someone to that job with zero prosecutorial experience—and Barr knows that.
3. Second, Barr's Friday night statement—in his own words—is affirmatively misleading. Leaving aside Carpenito (more on him in a moment), the statement claimed that Berman was "stepping down," even though Barr (1) knew he wasn't; and (2) lacked the power to fire him directly.
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