Show Notes
The shadow docket strikes once again! We break down the Court's unusual immigration ruling in AARP v. Trump (no, not that AARP!), and then briefly discuss the much-heralded ERISA case (Cunningham v. Cornell). But first we discuss some blog news, some SCOTUS news, and some SCOTUSblog news.
More from Divided Argument
Two August per curiams find no one with standing to challenge the mail-ballot order or the White House ballroom—and a third drops while we're recording.
Cisco Systems v. Doe shuts the Alien Tort Statute door Sosa left open — pirates, ambassadors, and one Phoenix bar band excepted.
Hunter v. United States makes appeal waivers yield to "miscarriages of justice" — and nobody, including the Court, can quite say why.
We finally tackle the trans-sports cases and walk through the Court’s Equal Protection and Title IX analysis.
Rooker-Feldman, pronounced dead two decades ago, turns out to be alive — and the Court's formalists split right down the middle.