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Justice Barrett, Purposivism, and the Affordable Care Act

Justice Barrett, Purposivism, and the Affordable Care Act

Between President Trump’s nomination of now-Justice Amy Coney Barrett to Justice Ruth Bader Ginsburg’s former Supreme Court seat and her confirmation, the Justice and her nomination dominated headlines and monopolized what remained of American attention spans already saturated by an election and the COVID-19 pandemic. With Senator Kamala Harris’ dual role as the democratic nominee for Vice President and a member of the Judiciary Committee, much of that attention focused on her questioning of Justice Barrett. But Justice Barrett’s response…

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COVID-19 and the Shadow Docket: The Supreme Court and the Pandemic

COVID-19 and the Shadow Docket: The Supreme Court and the Pandemic

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The Supreme Court has two dockets. The first—and far more public—docket comprises the roughly eighty cases each Term that undergo extensive briefing and oral arguments before the Court. These cases can take months, or even more than a year, from the filing of a cert petition to issuance of an opinion by the Court. The second, often referred to as the “shadow docket,” includes a number of requests for emergency equitable relief. For cases on the shadow docket, the Court…

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