Someone once described SCOTUS as a “super-legislature”… (opens in new tab)
…and the recent NYT expose about the origin of SCOTUS’s “shadow docket” suggests he was right. As one reader put it to me in an email about the NYT article: Ultimate vindication of your “super legislature” moniker. Nothing in the story is particularly surprising, but it does establish that what we call the “shadow docket” […]
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