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Reason
Reason
Politics
Josh Blackman

Why Can't The Court Schedule Emergency Docket Conferences?

Friday evening, the Court decided Department of State v. AIDS Vaccine Advocacy Coalition. This is the second time this case with this name has come to the Supreme Court. In the earlier iteration, the Court partially ruled against the Trump Administration. This time, the case concerned whether plaintiffs can bring a suit to enforce the Impoundment Control Act (ICA) through the Administrative Procedure Act (APA). By a (likely) 6-3 vote, the Court found that the ICA (likely) precludes suits under the APA. Justice Kagan wrote an eight-page dissent, joined by Justices Sotomayor and Jackson. 

The Court offered a few sentences of reasoning, which I suppose is an improvement over past practices. Then again, if Justice Kagan could muster a detailed dissent, the majority could have mustered something more in depth.

Kagan, once again, complains about the emergency docket process:

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