What the Supreme Court Does in the Shadows

The Supreme Court’s enigmatic “shadow docket,” explained

How the Supreme Court hides major conservative victories in plain sight.

From the Vox article:

According to a November 2019 paper by University of Texas law professor Stephen Vladeck, “during the sixteen years of the George W. Bush and Obama Administrations, the Solicitor General filed a total of eight such applications — averaging one every other Term.”

By contrast, “in less than three years, [Trump’s] Solicitor General has filed at least twenty-one applications for stays in the Supreme Court (including ten during the October 2018 Term alone).”

The Supreme Court, meanwhile, has rewarded the Trump Justice Department’s behavior. Vladeck finds that the Trump administration achieved a full or partial victory in about two-thirds of cases where it seeks to temporarily block a lower court opinion. What was once extraordinary is now quite ordinary.

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