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Cynbel Terreus's avatar

SCOTUS should in effect tell the lower courts to stop fucking around and insist that judge shopping stop (because it's literally caused them issues as well). But... this SCOTUS who knows.

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Shelley Powers's avatar

How serendipitous. Steve Vladeck's One First Monday post is all about SCOTUS' rulemaking authority

https://stevevladeck.substack.com/p/75-the-supreme-courts-formal-rulemaking

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Shelley Powers's avatar

I don't believe the Supreme Court has this authority.

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Cynbel Terreus's avatar

I mean it could have a ruling that sets precedent for the lower courts... but whether the lower courts ever respect it is another question.

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Shelley Powers's avatar

That is the question, indeed.

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Joeff's avatar

I think they could make it happen via their тАЬsupervisory powerтАЭ or as an incident of due process.

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