How the 5th Circuit Won by Losing, with Steve Vladeck

Opening Arguments

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We are excited to welcome Georgetown law professor Steve Vladeck back to Opening Arguments for a look back at how the Supreme Court responded to the infamously unruly--and increasingly more extreme--Fifth Circuit Court of Appeals in its last term. How did the 5th “win by losing,” and why is there still cause for future concern even after SCOTUS reversed all but three of the eleven cases it took up from them? What kind of messages are the high court justices trying to send back to the 5th, and why aren’t they receiving them?

Also discussed: Neil Gorsuch’s most recent not-quite-true statement, why the Supreme Court continues to tolerate the dumbest standing arguments on Earth, the 5th’s use (and abuse) of administrative stays, and what may or may not be wrong with Matt’s brain.

1. Subscribe to Prof. Vladeck’s free weekly One First newsletter

2. “The Fifth Circuit Won by Losing,” Steve Vladeck, The Atlantic (July 9, 2024)

3. “30 Hours of SB4 Whiplash,” Steve Vladeck, LexisNexis.com (March 20, 2024)

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