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