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Steve Vladeck Profile picture
@steve_vladeck
Mar 20 • 4 tweets • 1 min read • Read on X
#BREAKING: #SB4 is blocked again.

A majority of the Fifth Circuit panel hearing argument on Texas's stay application *tomorrow morning* just issued an order "dissolving" the "administrative stay" that a different panel imposed on March 2. So the injunction goes back into effect.
Here’s the order and Judge Oldham’s dissent:
Image
Image
Here's my best guess:

The panel had not been planning to move any faster until it was provoked by Justice Barrett's concurring opinion this afternoon.

Then, it agreed to at least look like it was moving faster.

Then, two of the three judges decided to *actually* move faster.
Among other things, this sends a *very strong* signal that the panel is likely to *deny* Texas's application for a stay pending appeal. So #SB4 will remain blocked *indefinitely,* unless *Texas* persuades #SCOTUS to put it back into effect.

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More from @steve_vladeck

Steve Vladeck Profile picture
Feb 23
1. A quick #thread on where things stand with former President Trump's application to #SCOTUS to keep the January 6 prosecution on hold.

First, we expect whatever the Court does to be a "miscellaneous order." Such an order can theoretically come at any time and without warning.
2. Second, although the justices *are* having a regularly scheduled Conference today, chances are that the Court has already made whatever decision it's going to make—and we're just waiting for the disposition.

So why has it taken 2 weeks so far? It's *impossible* to know, but:
3. My best guess is that one of two things has happened:

Possibility 1 is that the Court has voted to *deny* the stay, and some number of justices are writing separate opinions respecting that result (concurrences/ "statements"/dissents).

Two weeks is *not* that long for that.
Read 8 tweets
Steve Vladeck Profile picture
Jan 4
I may be an outlier, but I don't see a jurisdictional problem in Trump's interlocutory appeal of Judge Chutkan's rejection of immunity in the 1/6 prosecution.

Assuming for the sake of argument that there *is* immunity, it wouldn't mean much if it could only be raised post-trial.
And although #SCOTUS has held that the "collateral order doctrine" is more limited in the criminal context than in the civil context (e.g., Midland Asphalt), the Court has also been clear that *constitutional* immunities from suit are one of the few contexts in which it applies.
All that's left is the argument that this is different because any immunity, if it exists, isn't *expressly* mentioned in the Constitution. But *if* the Constitution creates an immunity from suit, do we really think interlocutory appellate JX turns on how specifically it does so?
Read 4 tweets
Steve Vladeck Profile picture
Aug 9, 2023
In fact, since Does 1–3 v. Mills, Barrett has publicly voted to grant or vacate *14* stays in cases in which at least one Justice publicly dissented.

Of the 8 Josh … neglects, 7 came from *other* circuits; the 8th stayed a decision that a *moderate* Fifth Circuit panel hadn’t. Image
In other words, the remarkable pattern that Josh purports to divine from the selective subset of orders on which he focuses only exists *because* he is ignoring virtually all of the other orders that disprove the existence of such a pattern.
The 14:

1. Crow
2. NFIB
3. Ohio v. DOL
4. Milligan
5. Caster
6. Navy SEALs
7. American Rivers
8. NetChoice
9. Ardoin
10. Hamm v. Smith
11. AZ v. Mayorkas*
12. Danco
13. FDA
14. Vanderstok

* — Josh accounts for this by asserting that it doesn’t count if the Court granted cert.
Read 4 tweets
Steve Vladeck Profile picture
May 16, 2023
1. To mark today's publication day for "The Shadow Docket," I wanted to write a #thread not about the book, but about gratitude—to *everyone* who helped to make this day a reality, and to whom I am so deeply and profoundly grateful.

Here goes:
2. At the top of the list of people without whom there wouldn't be a book are my fantastic agent, @AliaHanna, and my amazing editor, @emmafberry.

From the beginning, both Alia and Emma understood not just what I hoped to accomplish in the book, but how to make it happen.
3. I'm also grateful to my sister-in-law, @doree, who in addition to being a wonderful writer of her own and the person who introduced me to Alia, has also been an incredibly patient correspondent and soother of nerves all the way through this process.
Read 12 tweets
Steve Vladeck Profile picture
May 15, 2023
I’m bopping around my hometown (NYC) today in advance of Tuesday’s release of “The Shadow Docket.”

First up, a *very* early start to join my buddy @PoppyHarlowCNN on @CNNThisMorning (coming up ~6:30 ET). ImageImage
Not sure how much this going to help, but… Image
Taking a quick @orangetheory break… ImageImage
Read 8 tweets
Steve Vladeck Profile picture
May 11, 2023
1. Starting a running #thread on the decision(s) that come down from #SCOTUS starting at 10:00 ET today.

All we publicly know is that one or more rulings are coming from among the 45 cases that were argued earlier this Term.

How many rulings, and which ones, well... stay tuned.
2. And while we're waiting, if you're not already subscribed to my weekly #SCOTUS newsletter, "One First," it might be a good time to check it out!

stevevladeck
dot
substack
dot
com
3. The press corps is reporting that there are "three boxes" (literally the boxes from which hard copies of the opinions are distributed).

That doesn't tell us how many we're getting (since we don't know the length of each one), but it probably means ... a bunch.

Here we go...
Read 9 tweets

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