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Emergency?
This week on "Supreme Court ER" we have new requests on an erroneous deportation and (I would think) on overruling Humphrey's Executor. Next week we may see one appealing a TRO blocking tariffs.My observation is that if any of these situations present genuine emergencies, the correct course of action would be for the Court to treat the request for relief as a petition for certiorari and grant review. (I have no opinion on what temporary relief, if any, is warranted if a case is granted.). If there is no emergency, then the request should be denied.What the Court is doing instead strikes me as the worst of both worlds. They are not granting review, but they are commenting on this and that in a hasty fashion. I can understand that they want to avoid the circus (that they helped to create) for as long as possible, but I'm not sure they can or should.
This week on "Supreme Court ER" we have new requests on an erroneous deportation and (I would think) on overruling Humphrey's Executor. Next week we may see one appealing a TRO blocking tariffs.
My observation is that if any of these situations present genuine emergencies, the correct course of action would be for the Court to treat the request for relief as a petition for certiorari and grant review. (I have no opinion on what temporary relief, if any, is warranted if a case is granted.). If there is no emergency, then the request should be denied.
What the Court is doing instead strikes me as the worst of both worlds. They are not granting review, but they are commenting on this and that in a hasty fashion. I can understand that they want to avoid the circus (that they helped to create) for as long as possible, but I'm not sure they can or should.
