Summary Reversals in the Roberts Court

Hartnett, Edward A.

Journal: Cardozo Law Review

Volume: 38

First Page: 591

Year: 2016

Bluebook Citation: 38 CARDOZO L. REV. 591 (2016)

Author: Edward A. Hartnett: all 22 publications


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Abstract

The article examines the use of summary reversals by the Roberts Court, arguing that these decisions—where the Court reverses lower court rulings without full briefing or oral argument—serve important administrative functions and address specific types of errors, despite longstanding criticism. The author identifies patterns in the areas of law and types of errors targeted by these reversals, concluding that the practice persists due to its utility in maintaining judicial hierarchy and efficiency, even as critics question its propriety.

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