Shadow docket kept alive in religious home gathering case

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Howard & Howard Attorneys PLLC and author of the book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at scotuslyyours@gmail.com.

Posted April 19, 2021 11:33 AM

A few columns ago, Cotter’s Corner featured some Green Day lyrics in describing the actions of the court and Chief Justice John Roberts. This week, Pat Benatar gets top billing, as the shadow docket was churned back to life.Shadow docket Several times in the last few years we spoke of the “shadow docket,” a fairly new mechanism used by the Roberts Court. As a reminder, the shadow docket is a term coined by University of Chicago Law School Professor William Baude to refer to the increasing use by the court of decision …

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