Justices Must Apply Law Evenly In Shadow Docket Rulings

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By David Hopkins (April 4, 2022, 2:47 PM EDT) — In recent months, the country has seen the rise of the so-called shadow docket. For the uninitiated, this refers to a series of decisions from the U.S. Supreme Court reaching a significant ruling, often on a controversial issue, at the preliminary stage of injunctive relief.

This has the effect of resolving hot-button legal and policy issues without the general slog of briefing and oral argument.

The recent critique of the shadow docket has the nation focused on a legal nuance that has rarely made its way to the forefront of our public discourse.

Specifically, what’s the big deal about deciding these…

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