Wednesday, October 15, 2025

Some items of note

1) This post describes the injunction-and-stay process in constitutional litigation and the applicable standards. A nice primer to help understand what is happening on the shadow docket and its effects--the government does not need to prevail at the end of the day (which may be two years away) to pursue constitutionally dubious policies.

 2) This Law360 article describes how Republican desire to split the Ninth Circuit has subsided now that the Court is almost evenly divided. Another illustration (not limited to Republicans--Democrats do this, too) of how structural arguments are rarely about structure and often guided by substantive or political objectives.