Dan Epps

Yeah. I mean, I was both defending the idea of summary reversals, because there were some people who thought it was just inappropriate. But then it sort of highlighted this idea that the court was engaged in error correction, but in a kind of... you know, hard to chart way, or at least part of what I did in the article is try to chart. Okay.

You can now see like the EDPA docket is half of the summary reversal docket. And that makes sense. And then other things were harder to figure out.

You can now see like the EDPA docket is half of the summary reversal docket. And that makes sense. And then other things were harder to figure out.

Yeah, they're down to like one a year from like four to six a year. It's got to be real embarrassing if you're the judge who gets the one summary reversal of your decision. I don't know. I mean, we have these judges come through Chicago all the time, and sometimes I ask them, do they care about being reversed? And they almost always say no. Maybe that's just what you're supposed to say.

Yeah, they're down to like one a year from like four to six a year. It's got to be real embarrassing if you're the judge who gets the one summary reversal of your decision. I don't know. I mean, we have these judges come through Chicago all the time, and sometimes I ask them, do they care about being reversed? And they almost always say no. Maybe that's just what you're supposed to say.

I'm not sure.

I'm not sure.

He's great.

He's great.

Did you ask him about some reversals?

Did you ask him about some reversals?

Yeah. Now, I would say one thing is I do wonder if some of the summary reversals have just moved over to other kinds of shadow docket things. Like when you ask the court for an emergency injunction stopping the Ninth Circuit's ruling about whatever, there's a way in which that's partly a summary reversal claim. You're usually saying, the Ninth Circuit got this wrong on the merits.

Yeah. Now, I would say one thing is I do wonder if some of the summary reversals have just moved over to other kinds of shadow docket things. Like when you ask the court for an emergency injunction stopping the Ninth Circuit's ruling about whatever, there's a way in which that's partly a summary reversal claim. You're usually saying, the Ninth Circuit got this wrong on the merits.

Just reach out and stay right now. They got it wrong on the merits.

Just reach out and stay right now. They got it wrong on the merits.

Right. That's probably right. I mean, some of them might be moving over to merits things. And that was always, you know, some of the cases end up in the merits docket and you're like, this could have been a, you know, this meeting could have been an email. This merits case could have been a summary reversal. This summary reversal could have been a shadow docket emergency ruling. Yeah.

Right. That's probably right. I mean, some of them might be moving over to merits things. And that was always, you know, some of the cases end up in the merits docket and you're like, this could have been a, you know, this meeting could have been an email. This merits case could have been a summary reversal. This summary reversal could have been a shadow docket emergency ruling. Yeah.

But some of them may just not happen as much. I wonder if some of this was just there was a certain amount of slack between the way certain circuits saw the law and the way the Supreme Court saw the law. And with new appointments, those are coming into alignment.

But some of them may just not happen as much. I wonder if some of this was just there was a certain amount of slack between the way certain circuits saw the law and the way the Supreme Court saw the law. And with new appointments, those are coming into alignment.

Right. And as the merits cases go down also, it may be that Anything they can get on the merits docket, it's like, oh, good, this will justify our April.