Summary Reversals in the Roberts Court

Authors

Edward A. Hartnett, Seton Hall University School of Law

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.

Disciplines

Courts | Law | Supreme Court of the United States

Recommended Citation

Edward A. Hartnett, Summary Reversals in the Roberts Court, 38 Cardozo L. Rev. 591 (2016).
Available at: https://larc.cardozo.yu.edu/clr/vol38/iss2/8