Monday, July 7, 2025

Why are opinions depublished?

Today's DJ has PJ Gilbert's columns, plural, because there are two: First is a reprint of his first column from 1988 "It Never Happened," followed by "Grapes." These address the Supreme Court's depublication power, which is exercised by simple order without any elaboration. PJ Gilbert wants to know why opinion get depublished: As he puts it, "just tell us why -- we can take it." 

We have enough trouble figuring out what statutes mean and how to apply them to particular facts. I propose a new rule. If the Supreme Court depublishes a case, tell us why... all of us, the bar, litigants, and (gulp) the justices. The court rule tells us depublishing is not a criticism of the decision or any law stated in the opinion. So what gives? We live in an age of openness. If I went astray, I would like to know why. It would help me be a better justice. I can handle it... I guess. If my suggestion gains traction with our Supreme Court, I would appreciate scuttling such language as "in a remarkable lapse of judgment."

Above The Law has: Latham Loses Appellate Litigator To Biglaw Firm Actually Willing To Defend The Rule Of Law - Above the Law