Memorializing my earlier tweet on the UNC affirmative action case, here's a chart on how much more often #SCOTUS is granting certiorari "before judgment":
3 grants from June 1988–August 2004;
0 grants from August 2004–February 2019; and
*14* grants from February 2019–present.
3 grants from June 1988–August 2004;
0 grants from August 2004–February 2019; and
*14* grants from February 2019–present.
These are cases in which the Court is bypassing the courts of appeals to expedite plenary merits review.
And I chose June 1988 because that's the last time Congress meaningfully altered the Court's appellate jurisdiction (including with respect to certiorari "before judgment").
And I chose June 1988 because that's the last time Congress meaningfully altered the Court's appellate jurisdiction (including with respect to certiorari "before judgment").
Two things that my earlier tweet got wrong:
I had counted *15* recent grants because I wrongly included a companion case that was *not* before judgment; and
I had suggested the cutoff was January 2018 not February 2019 because I had miscoded an interim order in the Census case.
I had counted *15* recent grants because I wrongly included a companion case that was *not* before judgment; and
I had suggested the cutoff was January 2018 not February 2019 because I had miscoded an interim order in the Census case.
Here’s the earlier thread:
https://twitter.com/steve_vladeck/status/1485649193591095311
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