The Supreme Court has recently been making more decisions than ever on its emergency docket. Flooded with applications for emergency relief—which it must either grant or deny—the Court faces a dilemma: write no opinion and leave its decision unexplained, or write an opinion and lock its decision in as controlling precedent for every court in the country. Attorney and James Wilson 2025 Fellow Tyler Dobbs offers a solution taken from lessons learned in the mid-20th century by Federal Courts of Appeals.
Tyler Dobbs is an associate at Consovoy McCarthy, where he litigates
constitutional and civil-rights cases. He received his undergraduate
degree and law degrees magna cum laude from Harvard. He also
holds a master's degree in Classics from Merton College, Oxford. He
clerked for Judge James C. Ho on the Fifth Circuit and Judge Thomas M.
Hardiman on the Third Circuit. His scholarship has appeared or will
appear in the Harvard Law Review, the Virginia Law Review, and the Notre
Dame Law Review.