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by disgruntledphd2
139 days ago
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Importantly, they're using the shadow docket so that they don't need to decide officially, as that would bind their hands with a future Democratic administration. Like, whatever happened to the Major Questions Doctrine? |
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The Supreme Court doesn't choose which docket to “use”; the interim docket (sometimes calls the “emergency docket” or “shadow docket”) is where applications for immediate action on cases that have not reached a final decision in lower court are handled. Decisions on the interim docket are more likely to be unsigned orders, but that's as true of the ones the administration has lost as the ones it has won.