Supreme Court’s ‘shadow docket’ returns with a vengeance

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Supreme Court’s ‘shadow docket’ returns with a vengeance
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Supreme Court decisions are looming on student loans, elections, abortion and climate

Less than a month ago, Justice Elena Kagan suggested the Supreme Court consider dialing back its review of significant cases on its controversial emergency docket. “Our summers used to be actually summers,” Kagan told a group of judges in California, lamenting the “relentless” filing of emergency appeals. “We’ve gotten into a pattern where we’re doing too many of them.” Since then, the Supreme Court’s emergency caseload has exploded.

” The court appeared to send the opposite signal just four months ago. In a case dealing with Idaho’s strict ban on gender-affirming care, the court allowed the state to temporarily enforce the law. Three conservative justices complained that lower courts had imposed a far more sweeping order than necessary – the exact argument the court found unpersuasive in the case of Biden’s rule.

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