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The Shadow Docket with Steve Vladeck

5-4

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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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