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.[1]

And for good reason. The procedure has been used with increasing frequency by the Office of the Solicitor General.[2] 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.[3]

Another procedure that...

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