SCOTUS Watch: Order List

After there were grants on Friday, the path to a vanilla Order List today (usually the order list after a conference drops on Monday, but it was a holiday) was secure. Still, close watchers usually find something.

The motions of petitioners to dispense with printing the joint appendices are granted. 

The three pages (short even for these things but they did recently dispose of a bunch of pending petitions) had this sort of thing. As usual, the order list is a copy, without links to the docket page. 

For instance, if you follow the docket number in that case, the motion noted:

The parties do not believe that any other portion of the record merits special attention that warrants the preparation and expense of a joint appendix.

Order Lists include a range of cases not taken, some dubious, others with interesting claims that they do not grant for various reasons. So, for instance, they did not take a trans case, leaving in place a victory in a case involving the controversial bathroom issue. They have avoided taking trans cases, though the Biden Administration has asked them to in one case. 

One notable thing is that Alito and Jackson did not take part in two cases (separately). So far, only Kagan (now with a citation to the Code of Conduct) has cited the basic reason (such as former governmental employment in the case) why she didn't take part. Now, Jackson has joined in. Alito has recused regularly, usually involving a financial clash, but never says why. He explained why he took part in one case.

People online assume Alito never recuses. They are not big readers of Order Lists. Still, it would be helpful if more effort was provided to be clear about their actions. A couple justices have begun to provide minimum transparency. The Court has a long way to go.