Podcasts News Opening Arguments How the 5th Circuit Won by Losing, with Steve Vladeck

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

Published: Sept. 23, 2024, 5:51 a.m.

Secure your privacy with\xa0Surfshark! Enter coupon code OPENING for 4 months EXTRA at\xa0https://surfshark.com/OPENING

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 \u201cwin by losing,\u201d 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\u2019t they receiving them?\xa0

Also discussed: Neil Gorsuch\u2019s most recent not-quite-true statement, why the Supreme Court continues to tolerate the dumbest standing arguments on Earth, the 5th\u2019s use (and abuse) of administrative stays, and what may or may not be wrong with Matt\u2019s brain.

  1. Subscribe to Prof. Vladeck\u2019s free weekly One First newsletter

  2. \u201cThe Fifth Circuit Won by Losing,\u201d Steve Vladeck, The Atlantic (July 9, 2024)

  3. \u201c30 Hours of SB4 Whiplash,\u201d Steve Vladeck, LexisNexis.com (March 20, 2024)

If you\u2019d like to support the show (and lose the ads!), please pledge at\xa0patreon.com/law!