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Justice Kavanaugh Continues To Be The Only Justice To Explain Emergency Docket Orders

Justice Kavanaugh authored a detailed concurrence emphasizing the government's potential irreparable harm and cert-worthiness as key factors for the stay in Noem v. Perdomo.

Summary by Reason
On Monday, the Supreme Court granted a stay in Noem v. Perdomo. The vote was (likely) 6-3. Justice Kavanaugh wrote a ten-page concurrence. Justice Sotomayor, joined by Justices Kagan and Jackson, wrote a twenty-page dissent. This case was first filed on August 7, and briefing was completed on August 13. The Justices in the majority had about a month to put together a majority opinion. They didn't. Why? Perhaps the majority could not come to a co…

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Reason broke the news in United States on Tuesday, September 9, 2025.
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