High court’s continual use of shadow docket draws concern

Cotter's Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Howard & Howard Attorneys PLLC and author of the book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at scotuslyyours@gmail.com.

Posted March 1, 2021 11:21 AM

We have often written over the last few years about the increasing use of the “shadow docket” by the Supreme Court and concerns over it. Last week, while taping “The Podium and Panel,” we discussed a recent Slate article about the topic. The court resumed hearings last week and issued several orders and decisions, one of which drew fire for its dissent by Justice Clarence Thomas.Republican Party of Pennsylvania v. DegraffenreidIn Degraffenreid, the Supreme Court rejected challenges to the …

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