


Kate Shaw, a contributing Opinion writer, hosted a written online conversation with Will Baude, a law professor at the University of Chicago, and Stephen Vladeck, a law professor at Georgetown and the author of “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic,” to debate how the Supreme Court is handling the pressures of the Trump administration and to discuss the end of the court’s term.
Kate Shaw: Let’s start with a big-picture question. How would you rate the Supreme Court this term? We’re all professors — give the court a grade. And Will, not one of those idiosyncratic University of Chicago grades — a letter grade we’ll all understand.
Will Baude: 180. That’s an A-, for those of you with less-scientific grading systems.
Shaw: OK, we’ll allow the number with that explanation.
Stephen Vladeck: I’m giving the court an “incomplete,” both because I suspect we’re going to get a lot more news (including some potentially major rulings on emergency applications) this summer and because the court’s work to date, especially in Trump-related cases, will be very difficult to judge without a bit of hindsight. Some of that is because the court has said so very little about the merits of any of the Trump administration initiatives that have come to it through emergency applications. Some of it’s because the impact of what the court has done (e.g., in the birthright citizenship cases) will depend a lot upon what happens next in the lower courts.
Shaw: I’m going with a C-. We haven’t hit bottom yet — the court could go lower — but the court’s performance was very, very poor.
Baude: Kate, what kind of a curve are you grading the court on? What would this court have to do that could even get it to the B+ range for you?