The story on the case of Louisiana v. American Rivers in the Environmental Law Institute is here:
Justice Thomas and Shadow Docket Abuse
By nonetheless granting relief, the Court goes astray. It provides a stay pending appeal, and thus signals its view of the merits, even though the applicants have failed to make the irreparable harm showing we have traditionally required. That renders the Court’s emergency docket not for emergencies at all. The docket becomes only another place for merits determinations—except made without full briefing and argument.
About Author
Bill Thompson, Jr. is a trial lawyer with extensive experience seeking compensation for serious harm caused by, among others, Hospitals, Physicians and other healthcare providers (Federal and State), Manufacturers of dangerous products and drugs (Ford, General Motors, Michelin, and pharmaceutical companies), Common Carriers (US Airways, Carnival Cruise Lines), Class Actions involving Data Breaches, product liability, Airline Crashes, and any other negligent act leading to harm for many. We have nationwide experience in State and Federal courts, traveling wherever significant cases merit. We are often asked to appear in cases by motion with local partners in places as varied as Michigan, Massachusetts, West Virginia, Pennsylvania, Georgia, and every jurisdiction in Florida.
