Reminder: when SCOTUS rules on administrative stays we know only at a minimum that five justices voted for the stay, plus whatever else they tell us.
Here, only Justice Sotomayor noted a dissent, but that does not tell us how Kagan or Breyer voted. https://twitter.com/EdWhelanEPPC/status/1316127456210964480">https://twitter.com/EdWhelanE...
Here, only Justice Sotomayor noted a dissent, but that does not tell us how Kagan or Breyer voted. https://twitter.com/EdWhelanEPPC/status/1316127456210964480">https://twitter.com/EdWhelanE...
I& #39;ve written about this problem before, where, because this is the so-called shadow docket, we don& #39;t have a good idea of how SCOTUS is coming to these decisions: https://twitter.com/gabrielmalor/status/1291135974546837511">https://twitter.com/gabrielma...
Lawgeeks, adding to this thread. As I had hoped, we& #39;re actually seeing some concurring ops for decisions on the shadow docket.
It& #39;s a little late to get into it, but I will return to this tomorrow.
https://assets.documentcloud.org/documents/7276432/10-26-20-DNC-v-Wisconsin-SCOTUS-Order.pdf">https://assets.documentcloud.org/documents...
It& #39;s a little late to get into it, but I will return to this tomorrow.
https://assets.documentcloud.org/documents/7276432/10-26-20-DNC-v-Wisconsin-SCOTUS-Order.pdf">https://assets.documentcloud.org/documents...