Notice & Comment

Author: Richard Pierce

Notice & Comment

The Shadow Docket: More Steps In The Right Direction

I have been harshly critical of the Supreme Court’s “shadow docket”—orders that stay major government actions without considering briefs on the issues raised by the motion for stay or providing any reasons for the action taken.[1] Unlike some critics of the shadow docket, my criticism is purely procedural. The Court has repeatedly held that an agency […]

Notice & Comment

Standing Law Is Inconsistent and Incoherent

Several scholars that I respect urged me to look at the Supreme Court’s most recent standing decisions to decide whether I agree with their belief that they signal a major change in the way the Court decides standing cases. This essay summarizes the results of my review of those decisions. I have long considered standing […]

Notice & Comment

Biden v. Texas Is a Step in the Right Direction

In its August 24 order in Biden v. Texas, the Supreme Court upheld a Fifth Circuit decision that refused to stay the preliminary injunction that a district court had issued that prohibited the Biden administration from rescinding the “stay in Mexico” policy that the Trump administration had implemented. I dislike the Court’s decision in the […]