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In Brief: The Supreme Court’s “Shadow Docket” (with Steve Vladeck)
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The Shadow Docket and the Court's Role in Immigration Policy
Justice Alito invoked Justice Kagan's dissent in the Miffer-Prestone case. In his dissent, he says at the beginning of his dissent, quote, this court has been lambasted for staying a district court order quotes. Is he being peevish? What's going on there? No one really thinks there should be no shadow docket. No one thinks the court should never intervene.
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