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In Brief: The Supreme Court’s “Shadow Docket” (with Steve Vladeck)
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The Shadow Docket and the Major Questions Doctrine
There is an uptick in high profile emergency applications that are gaining such visibility and have such impact. One of the things that enables nationwide injunctions is the ability of any judge anywhere in the country to look at any federal policy as a major question. It's basically a way of resolving all ambiguities in statutes against broad assertions of agency authority, he says.
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