Justice Alito's Descent From the Shadow Docket

John Avlon: Justice Alito has been very sensitive to criticisms of the shadow docket. He says when justices who have been critical of prior intervention are nevertheless voting to intervene as the majority did on Friday night that's hypocrisy. Avlon: I think what's frustrating about Alito's dissent is that he's basically knocking down a straw man by saying you know you guys have been opposed to intervention and yet you're doing it here.