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The Rise of the Supreme Court’s So-Called Shadow Docket

The Daily

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Navigating the Shadow Docket

This chapter delves into the difficulties faced by lower court judges in applying Supreme Court decisions made through the shadow docket. It highlights a specific apology from a federal judge, illustrating the confusion stemming from unclear precedents and the significant consequences of these hurried rulings. The discussion emphasizes the need for clearer judicial communication to prevent ambiguity that affects countless individuals across various sectors.

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