Analysis

Chief Justice Co-Signs Kagan's Rebuke Of Shadow Docket

By Jimmy Hoover (April 6, 2022, 4:11 PM EDT) -- Justice Elena Kagan has made no secret of her distaste for how the U.S. Supreme Court has used the so-called shadow docket to decide controversial cases without full briefing or arguments. But Chief Justice John Roberts had largely managed to stay out of that debate — until he joined her latest dissent Wednesday.

Justice Roberts and Justice Kagan's fellow liberals on the court signed onto her dissenting opinion Wednesday in a case over a Trump-era Clean Water Act rule. In an unsigned order handed down in the morning, the court's conservative majority granted a request from Republican states and industry groups...

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