William Baude

Um, those usually the lawyers would call that emergency relief, right? Where you're asking a court to either block a lower court ruling pending appeal or to grant relief that the lower court did not grant pending appeal.

Um, and you know, the term shadow docket was dubbed by, uh, Chicago law professor Will Baude in 2015 to describe the whole universe of rulings by the Supreme Court like these, which is to say rulings that come outside the normal fully briefed, argued 70-page opinion process.

Um, and we've seen a lot more of those in recent years, including but not limited to election cases where the Supreme Court has shown itself more and more willing to hand down more of these orders, sometimes with short opinions, sometimes with no opinion, um, and have those basically set the status quo for as long as the litigation takes to finish.

I think that's always a really interesting parallel to the fact that the court is also accepting fewer and fewer cases these days.

We're gonna have a special treat really.

There, there was an interview that was done at the symposium that you attended at the University of St. Thomas Law School, and our friend Michael Paulsen, who's been on this podcast in connection for one thing with important work on Section 3 of the 14th Amendment, together with Will Baude.

As you'll recall, they wrote an article that appeared in the University of Chicago Law Review that we discussed at length.

And on this occasion, Mike Paulsen is interviewing a U.S. federal judge, District Judge Patrick Schiltz.

Those words suggesting a third way of constitutional law were from a article that came out a couple years ago in the Stanford Law Review, General Law and the 14th Amendment.

It is co-authored or tri-authored, you might say, by Judd Campbell, Steve Sachs, and Will Baude.

And we have Will here on our very first episode of Law Office History.

So this is a new podcast.

And part of our mission, part of our DNA, really, since we were founded in 1991, is to reinvigorate the Privileges or Immunities Clause.

So a couple years ago, when we saw this article come out, General Law and the 14th Amendment, which is I mean, a lot of it is really about how to interpret the privileges or immunities clause.

And it's by our friend Will Baude and also Judd Campbell, who's been on our Short Circuit podcast and Steve Sachs, who we enjoy his work, too.

We thought, you know, this would be a good one for this new podcast.

It's catchy, but that doesn't mean good.

And this is a frenemy of the pod, Will Baude, and I only say frenemy because he has his own excellent competitor podcast, Divided Argument.

Uh, but, uh, he's called it the interim docket now, I think is what it should be called.

Uh, not even the emergency docket.