When Your 9th Circ. Case Needs California High Court Input
Law360 (June 4, 2021, 2:53 PM EDT) -- The U.S. Supreme Court's so-called shadow docket — the name for emergency orders and summary decisions decided outside the ordinary petition for writ of certiorari process and without oral argument, before a lower court has made a final merits decision in a case — has come into heightened focus in recent years.
And for good reason. The procedure has been used with increasing frequency by the Office of the Solicitor General. And many controversial and high-profile issues related to coronavirus policies, immigration restrictions, capital punishment, abortion access, the census and election procedures have been decided from the court's shadow docket.
Another procedure that...
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