"But that's what a bunch of judges did - anonymously - to NBC News about the foreshadowed shadow docket. (Yes, we will continue to refer to SCOTUS's emergency docket as the shadow docket- a term penned by Professor William Baude from the University of Chicago, no matter the desires of Brett Kavanaugh because it more accurately reflects the shady ass shit the Court is doing with it.)"
"Ten of the 12 judges who spoke to NBC News said the Supreme Court should better explain those rulings, noting that the terse decisions leave lower court judges with little guidance for how to proceed. But they also have a new and concerning effect, the judges said, validating the Trump administration's criticisms. A short rebuttal from the Supreme Court, they argue, makes it seem like they did shoddy work and are biased against Trump."
The federal judiciary is hierarchical, with the Supreme Court at the top and district judges reliant on higher-court guidance. Unexplained emergency orders on the shadow docket routinely issue without written opinions and often favor the administration. Terse, unbriefed rulings leave lower-court judges with little guidance on legal reasoning or how to apply decisions. Numerous lower judges report that the lack of explanation validates administration criticisms and makes trial courts appear biased or shoddy. Short, unexplained reversals also exacerbate threats against federal judges by undercutting public confidence. Judges urge clearer explanations to guide adjudication and protect institutional standing.
Read at Above the Law
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