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Sunday, March 30, 2025

The Supreme Court is Becoming the ER

By my count, there are now at least four significant emergency motions before the Court. They include: (1) birth citizenship; (2) the Alien Enemies Act; (3) DEI grants; and (4) rehiring probationary employees. More are probably on the way.

The Court should consider using special masters to take a first look at some of these sorts of emergency applications and make a recommendation. I am skeptical that the Court can give thoughtful consideration to so many complicated motions on an expedited basis. Granted, they do not need to resolve any of these four issues immediately, but in other instances they may need to act quickly. 

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