In the beginning, there was the merits docket--the slow, tedious certiorari process that can take a year or more to resolve a case. But that was too slow. Then there was the emergency docket--or is it the interim docket?--for cases that need expedited attention. But that was too fast. The rocket docket became a hybrid, where emergency cases were argued in an expedited fashion. That may have been just right for certain cases, but in other conflicts, something different was called for.
Welcome to the lightning docket. Now, for the third time in the span of a few weeks, Circuit Justice Kavanaugh has been drawn into Missouri's redistricting fight. And twice, so far, he was swiftly ruled against allowing the Republican map to go into effect. Indeed, as I noted, he ruled so quickly that he couldn't have possibly even read the briefs.
Last night, the intervenors filed an emergency application around 11:50 PM. Justice Kavanaugh almost immediately called for a response, due today at 2:00 PM. Does anyone think a word of Missouri's brief will matter? Almost immediately, expect an immediate stay.
