Wachtell Lipton Discusses Important Supreme Court Business Cases Last Term and Next

The Supreme Court’s now-concluded October Term 2020 marked a slow return to normalcy following the disruption of the Covid-19 pandemic.  The Court released only 56 signed opinions — just a handful more than the prior Term, and well below the Roberts Court’s pre-pandemic average pace of 74.  Meanwhile, the Court continued a recent trend of robust activity on its so-called “shadow docket,” where it often resolves thorny issues presented in an emergency posture without oral argument and without a supporting description of its reasoning.  Resolved in this way were a number of commercially significant issues implicating pandemic-related emergency measures.  But … Read more