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Supreme Court’s ‘shadow docket’ returns with a vengeance
Channel 3000 News/CNN ^ | August 22, 2024 | CNN Staff

Posted on 08/22/2024 6:44:50 AM PDT by Diana in Wisconsin

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.

In coming days, the high court is expected to tackle short-fuse challenges to President Joe Biden’s latest effort to reduce student debt and to cut planet-warming pollution by limiting power plant emissions. And the court must decide whether Arizona, a presidential battleground, may require thousands of people to prove their US citizenship before voting this year. Also pending is a fight over Biden’s requirement that family planning clinics that receive federal public health funding provide referrals for abortions for patients who request it.

The court’s emergency docket – the “shadow docket,” to critics – is where the justices deal with questions that need resolution faster than the months it can take to submit briefs, hear oral arguments and draft formal opinions on its regular docket.

The cases usually deal with the narrow question of what will happen as that underlying legal process plays out. But the orders can have significant and immediate real-world consequences.

“There’s just no disputing that this has been a busier summer for emergency applications, both by volume and by significance, than any summer we’ve seen in a long time – if ever,” said Steve Vladeck, a CNN Supreme Court analyst and professor at the Georgetown University Law Center, who says the court is essentially inviting these cases by issuing emergency rulings with more impact.

(Excerpt) Read more at channel3000.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: District of Columbia
KEYWORDS: scotus; shadowdocket
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“It seems pretty clear that there’s a disconnect between the justices’ public comments expressing concern and their behavior when these applications reach them,” said Vladeck, who wrote a book on the issue, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.”

“Given that the court continues to grant emergency relief in contexts in which it didn’t until recently – and given that there’s virtually no downside to seeking emergency relief – it’s effectively open season for aggressive lawyers,” he said.

1 posted on 08/22/2024 6:44:50 AM PDT by Diana in Wisconsin
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To: Diana in Wisconsin

So Kagan was to not work and at the same time allow bad faith cases from liberal to exist in limbo or not even be addressed so they can continue to harm the country.

Good to know


2 posted on 08/22/2024 6:49:29 AM PDT by Skwor
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To: Diana in Wisconsin

So Kagan does not want too work all year? Cry me a river!


3 posted on 08/22/2024 6:51:27 AM PDT by vaskypilot
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To: Diana in Wisconsin

“Our summers used to be actually summers,” Kagan told a group of judges...” Oh, boo hoo. With the exception of public school teachers and upper administration in colleges, most working people work throughout the summer. My son has been a teacher at private schools for nearly 30 years, and he has yet to have more than 2 weeks off in the summer. As an RN, I never had a summer off, either.


4 posted on 08/22/2024 6:53:15 AM PDT by Flaming Conservative ((Pray without ceasing))
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To: Diana in Wisconsin

If liberals weren’t busy trying to do so many unConstitutional things, life would be easier for her. Put the blame where it belongs and quit whining.


5 posted on 08/22/2024 6:55:52 AM PDT by BipolarBob (Three conspiracy theorists walk into the bar . . . . same time . . coincidence? I think not.)
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To: Diana in Wisconsin

Sounds like the symptoms from a lawless Democrat administration and lawless states in the Republic! Follow the Constitution and the law and maybe all of this would go away.


6 posted on 08/22/2024 6:57:19 AM PDT by missnry (The truth will set you free ... and drive liberals crazy!)
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To: Diana in Wisconsin

This seems like an inevitable outcome of democrat lawfare.


7 posted on 08/22/2024 6:58:26 AM PDT by MortMan (Charter member of AAAAA - American Association Against Alliteration Abuse)
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To: Skwor

She was a professor, summers off were important to her. Having never been a judge before, and only argued six cases in court before becoming a supreme court justice, she has been sad to discover that full time work is hard.


8 posted on 08/22/2024 7:03:38 AM PDT by hinckley buzzard ( Resist the narrative. )
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To: BipolarBob; MortMan

Indeed. The Left’s relentless onslaught against their political enemies is the cause.


9 posted on 08/22/2024 7:04:32 AM PDT by Jeff Chandler (THE ISSUE IS NEVER THE ISSUE. THE REVOLUTION IS THE ISSUE.)
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To: Diana in Wisconsin
Hey,Kagan...there are current matters that could send this country down the road to Third World status. Maybe you should find another line of work if your employment requirements don't satisfy your delicate "constitution" (no pun intended).

I,personally,can see you doing very well in modeling!

10 posted on 08/22/2024 7:06:49 AM PDT by Gay State Conservative (Import The Third World,Become The Third World)
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To: Diana in Wisconsin

the supreme court needs to rein in the lower courts and start ejecting judges that are constantly overturned... clean up the lower courts and summers will become summers again for the supremes.


11 posted on 08/22/2024 7:07:45 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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To: Diana in Wisconsin

SCOTUS is basically lazy and loves to duck important cases.


12 posted on 08/22/2024 7:14:12 AM PDT by Paladin2
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To: missnry
RINOS or RATS take your pick. They are both to blame. Congress is not doing its job, so the Executive branch by degree or the deep state by fiat are filling the void. Where they have no power States are taking up the mantle.

Congress won't address hot button issues because they fear re-election battles. Just another reason for term limits. Congress could easily pass laws that require voter ID for federal elections, laws (with teeth ) making it illegal for non-citizens to vote. These emergency appeals are a result of Federal and State Executive overreach which could adversely affect citizens if while the cases work there way through the judicial system. Essentially the other two branches are punting the problems to the courts.

13 posted on 08/22/2024 7:14:20 AM PDT by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: Diana in Wisconsin

This is really about the Arizona citizen’s case. The Constitution specifically states that the individual state legislatures have authority and responsibility to make election laws.

The 9th Circuit took that from then and said that law cannot be upheld until they decide it AFTER November of 2024.

In essence, the law, perfectly legal; was challenged—not decided—but the higher court put a stay on Arizona fulfilling their law—until after the election, and Arizona is asking the Supremes to lift that stay so the law, which by the way, the 9th didn’t say was illegal, can be applied to this election.

Answer me this, what political party wants to ensure only legal citizens can vote? Moreover, does existing law prohibit non-citizens from voting? (Yes, it does, and it’s been that way forever).

So why would the Left/democrats challenge this law? They WANT non-citizens to be able to vote, and/or ballots filled out in their names not challenged.

If Trump wins Arizona, the dems are further way from winning the presidency.


14 posted on 08/22/2024 7:18:48 AM PDT by Alas Babylon! (Repeal the Patriot Act; Abolish the DHS; reform FBI top to bottom!)
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To: Diana in Wisconsin

“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.”


me, me me me me me me


15 posted on 08/22/2024 7:24:10 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: Diana in Wisconsin

So let Kagan and Sotomayor take summers off. The Chief Justice and the remaining six justices constitute a quorum.


16 posted on 08/22/2024 7:24:32 AM PDT by HartleyMBaldwin
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To: Gay State Conservative

Elena Kagan modeling made me think of this. https://www.youtube.com/watch?v=5CaMUfxVJVQ


17 posted on 08/22/2024 7:27:24 AM PDT by shooter223 (the government should fear the citizens......not the other way around)
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To: Flaming Conservative

Agreed.
Try working in a restaurant.
I didn’t get holidays or weekends off either.
good luck getting an only eight hour shift that actually gives a 15 minute break.


18 posted on 08/22/2024 7:28:28 AM PDT by themidnightskulker
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To: Diana in Wisconsin

This is the consequence of having a lawless President.


19 posted on 08/22/2024 7:42:33 AM PDT by beekay (Liberty - easy to lose; hard to get back.)
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To: shooter223
I knew where you were going even before clicking on the link!!!

IS DAY WEAR!

VERY NICE!

20 posted on 08/22/2024 7:47:49 AM PDT by Gay State Conservative (Import The Third World,Become The Third World)
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