Opinions shed light on how justices view shadow docket

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a member of Dickinson Wright PLLC and author of “The Chief Justices” (Twelve Tables Press). The views expressed here are solely his own. He can be reached at scotuslyyours@gmail.com.

Posted April 22, 2024 11:27 AM

The shadow docket has grown at the U.S. Supreme Court in recent years, especially during President Donald J. Trump’s term. In a recent decision by the court, Labrador v. Poe, Justices Neil Gorsuch and Brett Kavanaugh wrote concurrences, and Justice Ketanji Brown Jackson wrote a dissent. They address issues of emergency applications in some detail.The case Labrador involves the Idaho state law banning gender-affirming medical care for transgender adolescents. As Gorsuch wrote, “Early in the litigation below, the district …

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