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The Shadow Docket with Steve Vladeck
5-4
Coney Barrett and Kavanaugh on the Shadow Docket
Coney Barrett and Kavanaugh are evolving on the shadow docket. They don't feel comfortable striking down a big policy without opinion, or with a very brief opinion. I think Justice Alito's dissent from the stay of the court issued in the Miffa-Pristone case is actually a really good example that like, when he actually had to write something about why he would have put Judge Kaz Maric's ruling into effect,. He wrote three and a half pages of misleading and unpersuasive arguments.
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