The Decline of Summary Reversals at the U.S. Supreme Court

Abstract

Summary reversals have a long history at the U.S. Supreme Court. Issued today by means of short, unsigned opinions, these rulings reverse lower court decisions on the merits without the traditional practice of briefing and oral argument, on the theory that the decisions below were plainly wrong. Under the Roberts Court, summary reversals have been a regular occurrence, typically reserved for decisions granting postconviction relief to people who are incarcerated and denying qualified immunity to police and prison officers. In the past four years, however, the number of summary reversals has declined precipitously, nearly grinding to a halt. This Note discusses possible explanations for this trend: time constraints from the shadow docket, the appointment of Justice Amy Coney Barrett, the conservative alignment of the judiciary, and critiques of the Court's institutional role. It also explores the impact of a world with few to no Supreme Court summary reversals, particularly for people incarcerated on death row.