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Sunshine for the Shadow Docket

by Kent Scheidegger
December 25, 2021
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Kent Scheidegger

The U.S. Supreme Courtroom has been criticized for its “shadow docket” — abstract orders that grant or vacate stays or preliminary injunctions with out oral argument and infrequently with out an opinion of the Courtroom. Though these orders are preliminary issues, they typically management occasions for an prolonged time. Typically they decide the result as a sensible matter, akin to denying a keep of execution in a capital case.

In a change from the standard apply, the Courtroom will maintain oral argument on Friday, January 7, in two units of functions requesting stays in issues involving Covid mandates.

The problems in these circumstances lie exterior of CJLF’s scope, and we take no place on them. We’re considering seeing extra mild shed on these sorts of orders, although. In prison regulation, the issue has been significantly acute in stays of execution in capital circumstances.



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