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How Long Did Justice Jackson's "Kafkaesque Nightmare" Dissent Hold Up Trump v. California?

In a future writing, I propose a mechanism whereby six Justices can force the release of any pending case.

Josh Blackman | 8.24.2026 10:01 PM

On July 27, 2026, the Solicitor General submitted an emergency application in Trump v. California. This case concerns proposed regulations for mail-in ballots. The government filed its reply brief on August 12. After a flurry of litigation in the lower court, and new action by the government, the Supreme Court finally decided the case on August 24. This emergency case took nearly a month.

The majority opinion, at a brisk ten pages, finds the District Court lacked jurisdiction because the case was not yet ripe. Moreover, any alleged injuries were speculative under Clapper. The per........

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