Opening Arguments It’s Still the Shadow Docket, Despite Kavanaugh’s Pathetic Rebrand Attempt
Sep 12, 2025
AI Snips
Chapters
Transcript
Episode notes
Trans Student Forced Out Then Reinstated
- John Doe, a 14-year-old trans boy in South Carolina, was forced into online classes after school discipline over bathroom use.
- The Supreme Court denied a stay and let him return to school under Fourth Circuit precedent while the case proceeds.
Humphrey's Executor Under Shadow-Docket Pressure
- The Humphrey's Executor precedent protects independent agency officials from at-will removal and remains central to separation-of-powers fights.
- The shadow docket is being used to remove an FTC commissioner before full merits review, signaling a potential de facto weakening of that precedent.
Shadow Docket Lets Court Skip Full Explanations
- The emergency (shadow) docket allows the Supreme Court to issue one-paragraph orders without full explanation.
- That practice lets the Court make consequential, quasi-substantive rulings while avoiding reasoned opinions.