A Strange Sorting Feature On The Supreme Court's Docket

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Cite

Blackman, J. (2026, September 9). A Strange Sorting Feature On The Supreme Court's Docket. Reason. https://reason.com/volokh/2026/09/08/a-strange-sorting-feature-of-the-supreme-courts-docket/

Dated when The Aporia collected the article, usually within hours of publication. Check the original for its exact date and byline.

Reason · collected 2026-09-09 · by Josh Blackman

Quick Summary

A quirk on the Supreme Court's docket has been noticed, where an order from a Justice appears before reply briefs filed earlier, as seen in Hoskins v. Von Glahn. In one instance, Circuit Justice Kavanaugh's denial of the order was entered after the reply briefs were filed, but his order appears first on the docket. The exact reason for this sorting is unclear, with some speculating that the Justice's order may have precedence at any given time.
Written locally by qwen2.5:14b on 2026-09-09, using this article's own text rather than the other coverage of the same event (that is the story summary below).

AI analysis runs on qwen2.5:14b, locally

Story summary

A peculiar feature of the Supreme Court's online docket has been observed by law professor and commentator Josh Blackman. In the case of Hoskins v. Von Glahn, which dealt with Missouri's congressional maps, the Circuit Justice Brett Kavanaugh issued an order on September 8 in the evening, but it appears on the docket before the reply briefs that were filed earlier that morning. This unusual sorting feature seems to place a Justice's order ahead of related documents, even if those documents were submitted first. The reasons behind this quirk are unclear, and Blackman speculates that it might be because the Justice's action takes precedence on a given day.

Written for “Supreme Court Justice Process Changes” on 2026-10-24, grounded in this article and the 0 other(s) covering the same event.

Story

📰 Supreme Court Justice Process Changes
Politics · 1 article(s) covering the same event.

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Claims extracted
9
sentences that state something as happening or true
Uncertain
11%
1 of 9 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
67/100
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Outlets on this story
1
Politics
Same framing elsewhere
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articles that frame the event the way this one does
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Reason · 913 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
77 article(s) here · 1 carrying a prediction
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🔮 Justice Sotomayor, Justice Gorsuch, Justice Barrett, and Justice Jackson took no part in the consideration or decision of this petition.
🔮 The regulations for Freedmen schools in Texas provided that classes would begin at 9 A.M. and "[t]he morning Exercises will commence with either the singing of an appropriate hymn, or prayer, or the reading of the Scriptures."
🔮 Kyle asks: Well, I don't know how much coverage of the court you read, but you may not be surprised to learn that one light motif is that you are brooding figure.
🔮 Just as there are no doubt those on the bench who have strong ambitions for future office, there are others who are happy to be public servants, but who would be just as happy earning their living by some other means.
2026-10-06 · assertive framing · Lurching Through The Audition Trap
🔮 "But within a relatively short period of time, the thought occurred to me, and I think to the others in the majority, that this would endanger us.
🔮 He could have served in government, but he didn't.
🔮 (Southwick's already fragile reputation would be irreparably tarnished by such a move.)
🔮 The conduct caused disturbances that would have resulted in violence had law enforcement not intervened.
Also by Josh Blackman
Nothing else under this byline is closely related to this article, so these are simply their most recent.
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Topics

Missouri the Supreme Court's

Subjects

Kavanaugh PERSON · 2× Hoskins PERSON · 1× Missouri GPE · 1× the Supreme Court's ORG · 1×

Narrative

Often, an order from a Justice will be entered before the notation for reply briefs, even though the reply briefs were filed before the order.
framing: assertive · carried by 1 article(s) · first seen 2026-09-09
🔮 Often, an order from a Justice will be entered before the notation for reply briefs, even though the reply briefs were filed before the order.
2026-09-09 · Reason
A Strange Sorting Feature On The Supreme Court's Docket · assertive framing

Claims (9 extracted, 1 hedged)

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent I've noticed a quirk on the Supreme Court's docket. asserted
I → notice → docket
Often, an order from a Justice will be entered before the notation for reply briefs, even though the reply briefs were filed before the order. asserted
briefs → enter → order
Such is the case with Hoskins v. Von Glahn, which concerned Missouri's congressional maps. asserted
which → concern → maps
The reply briefs were filed in the early hours of Tuesday, September 8. asserted
briefs → file → Tuesday
Then, around 6:00 in the evening, Circuit Justice Kavanaugh denied the order in chambers. asserted
Kavanaugh → deny → chambers
Yet, on the docket, Kavanaugh's order appears before the reply briefs. asserted
order → appear → briefs
If you were to just look at this docket, you might think that the reply briefs were filed after the Circuit Justice order, which would make no sense. uncertain
which → look → sense
I'm not sure why they are sorted like this. asserted
they → sort → this
Perhaps the Justice's order always takes precedence in a given day? asserted
order → take → day
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