The Supreme Court's recent decision favoring a woman on death row in Oklahoma utilized a summary reversal, a judicial mechanism that has largely fallen out of favor. These reversals serve as unsigned decisions made on the merits based on initial briefs, as opposed to full rulings or emergency orders. Historically, they were used to correct lower court decisions that contradicted Supreme Court precedents. A study indicates that the average number of summary reversals has plummeted from over seven per term to about one in recent years, raising concerns about the current trajectory of the Court’s decision-making processes.
The Supreme Court's recent summary reversal in favor of a woman on death row highlights the declining use of summary reversals in judicial decisions.
Summary reversals, once common, are now rare and used primarily when lower court decisions directly contradict established precedents, signaling a troubling trend in court practices.
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