Jeffrey Rosen

The Emergency Docket Is Reshaping How the Supreme Court Decides Cases

Neal Katyal and Katherine Wellington argue that persuading the Supreme Court requires more than doctrinal command: advocates must identify the particular textual, historical or institutional concern that may move individual justices under pressure. Their account of recent cases—from challenges to presidential tariffs and jury discrimination to gun regulation—also portrays a Court whose ideological divisions do not always determine outcomes, but whose turn from precedent and growing use of emergency orders have made both advocacy and judicial review less predictable.