Dan Epps

Did you ask him about some reversals?

Did you ask him about some reversals?

Yeah. Now, I would say one thing is I do wonder if some of the summary reversals have just moved over to other kinds of shadow docket things. Like when you ask the court for an emergency injunction stopping the Ninth Circuit's ruling about whatever, there's a way in which that's partly a summary reversal claim. You're usually saying, the Ninth Circuit got this wrong on the merits.

Yeah. Now, I would say one thing is I do wonder if some of the summary reversals have just moved over to other kinds of shadow docket things. Like when you ask the court for an emergency injunction stopping the Ninth Circuit's ruling about whatever, there's a way in which that's partly a summary reversal claim. You're usually saying, the Ninth Circuit got this wrong on the merits.

Just reach out and stay right now. They got it wrong on the merits.

Just reach out and stay right now. They got it wrong on the merits.

Right. That's probably right. I mean, some of them might be moving over to merits things. And that was always, you know, some of the cases end up in the merits docket and you're like, this could have been a, you know, this meeting could have been an email. This merits case could have been a summary reversal. This summary reversal could have been a shadow docket emergency ruling. Yeah.

Right. That's probably right. I mean, some of them might be moving over to merits things. And that was always, you know, some of the cases end up in the merits docket and you're like, this could have been a, you know, this meeting could have been an email. This merits case could have been a summary reversal. This summary reversal could have been a shadow docket emergency ruling. Yeah.

But some of them may just not happen as much. I wonder if some of this was just there was a certain amount of slack between the way certain circuits saw the law and the way the Supreme Court saw the law. And with new appointments, those are coming into alignment.

But some of them may just not happen as much. I wonder if some of this was just there was a certain amount of slack between the way certain circuits saw the law and the way the Supreme Court saw the law. And with new appointments, those are coming into alignment.

Right. And as the merits cases go down also, it may be that Anything they can get on the merits docket, it's like, oh, good, this will justify our April.

Right. And as the merits cases go down also, it may be that Anything they can get on the merits docket, it's like, oh, good, this will justify our April.

I guess that's right. Also, so my understanding, though, is that the way it works is it requires five to summary reverse.

I guess that's right. Also, so my understanding, though, is that the way it works is it requires five to summary reverse.

except that four can grant and so if the four if it's five to four summary reverse and the four want to put the majority through oral argument they can they can force that but it's not that it takes you know it's not that it says takes five votes to do the summary reversal and then it takes six votes to also stop having oral argument if that's what you want to do

except that four can grant and so if the four if it's five to four summary reverse and the four want to put the majority through oral argument they can they can force that but it's not that it takes you know it's not that it says takes five votes to do the summary reversal and then it takes six votes to also stop having oral argument if that's what you want to do

Yeah.

Yeah.

I mean, I understand Justice Lita said that. I'm just not sure he's totally being accurate about his own rules.

I mean, I understand Justice Lita said that. I'm just not sure he's totally being accurate about his own rules.