Dan Epps

And this is interesting, though. This was a shadow docket, except it was orally argued last week.

Lightning docket, emergency docket. Lightning docket, that's right. Call it whatever you want. It's not really in the shadows. So I think this is not a shadow docket opinion. It is under your capacious original definition, but there's nothing shadowy about this, right?

Lightning docket, emergency docket. Lightning docket, that's right. Call it whatever you want. It's not really in the shadows. So I think this is not a shadow docket opinion. It is under your capacious original definition, but there's nothing shadowy about this, right?

And so then what they do is ask for... The opinion comes out on applications for injunction pending review. The jurisdiction line is not on petition for certiorari, at least on this PDF.

And so then what they do is ask for... The opinion comes out on applications for injunction pending review. The jurisdiction line is not on petition for certiorari, at least on this PDF.

I'm looking at the first page. I just see... Slip opinion. Are you looking at the first page of the slip opinion?

I'm looking at the first page. I just see... Slip opinion. Are you looking at the first page of the slip opinion?

Oh, there is a revision noted. Revision. They changed it. Holy shit. They changed it to what you have. I have the old one. I printed it this morning. So even they didn't know that it was on the shadow.com or not. Okay. Wow. That is fascinating. Has anybody else noted this? I don't think so. Okay. Okay. Love it. I love the real-time discovery. That was weird, right?

Oh, there is a revision noted. Revision. They changed it. Holy shit. They changed it to what you have. I have the old one. I printed it this morning. So even they didn't know that it was on the shadow.com or not. Okay. Wow. That is fascinating. Has anybody else noted this? I don't think so. Okay. Okay. Love it. I love the real-time discovery. That was weird, right?

I was sure I was misreading it, right? 99 times out of 100, if that's your scenario, you would have had the right thing, and I would have been reading some other thing I printed a month ago. Oh, I see. There are other revisions, but they're just the same revision on the subsequent title pages for the subsequent opinions. Mm-hmm.

I was sure I was misreading it, right? 99 times out of 100, if that's your scenario, you would have had the right thing, and I would have been reading some other thing I printed a month ago. Oh, I see. There are other revisions, but they're just the same revision on the subsequent title pages for the subsequent opinions. Mm-hmm.

Forget that they did that. And this stuff happens on this tight timeline. Even the mighty clerk's office and the reporter's office, maybe. Yeah.

Forget that they did that. And this stuff happens on this tight timeline. Even the mighty clerk's office and the reporter's office, maybe. Yeah.

Yeah. So I was pulling up Whole Women's Health, right? Which is the Texas SB8 case, right? Yeah. And that was similarly, it was a little bit on a longer timeline, but wasn't it similarly kind of like shadow docket converted to cert? It was cert before judgment. Maybe that's a little different.

Yeah. So I was pulling up Whole Women's Health, right? Which is the Texas SB8 case, right? Yeah. And that was similarly, it was a little bit on a longer timeline, but wasn't it similarly kind of like shadow docket converted to cert? It was cert before judgment. Maybe that's a little different.

Yeah, okay, well, would have been nice. I just, I don't even understand, why can't we just know who wrote it? Like, who cares? Like, why does it have to be per curiam? Like, if it's not on a cert docket, either way. Yeah. Just, why doesn't somebody want credit for it? I don't, I don't, I don't get it. But I guess we should talk about the substance.

Yeah, okay, well, would have been nice. I just, I don't even understand, why can't we just know who wrote it? Like, who cares? Like, why does it have to be per curiam? Like, if it's not on a cert docket, either way. Yeah. Just, why doesn't somebody want credit for it? I don't, I don't, I don't get it. But I guess we should talk about the substance.

I mean, is it your impression that the chief kind of keeps all these super big high-stakes cases for himself? I mean, not like every big case, but the ones that kind of directly implicate the kind of Trump and political process and... I mean, I don't know about all... Like, a lot.

I mean, is it your impression that the chief kind of keeps all these super big high-stakes cases for himself? I mean, not like every big case, but the ones that kind of directly implicate the kind of Trump and political process and... I mean, I don't know about all... Like, a lot.

Well, he couldn't have written Dobbs because he didn't agree with the majority, right? You know, right? He could have tried to steal it. Yeah. Well, for all we know, he did, right? Like, who knows? Yeah, I don't mean he writes every... I don't mean he writes every big case, but a case like this, you and I both would have, neither of us would have taken the bet that he wasn't going to write it.