Immigration,
U.S. Supreme Court
Jan. 20, 2023
Abusing the shadow docket
It again is five conservative justices advancing the conservative agenda, here with regard to immigration, in violation of clear legal rules and using the shadow docket to achieve their goals.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The Supreme Court’s ruling on Dec. 27 to keep in place Trump-era immigration restrictions is just the latest example of its abuse of the so-called “shadow docket.” The shadow docket refers to matters that come to the Court for emergency rulings. There is nothing nefarious about the Court deciding emergency matters. For example, this often has occurred in death penalty cases where condemned individuals seek a last-minute stay of execution.
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