Congressional Intent and the Shadow Docket

January 24, 2020

Professor Stephen I. Vladeck’s recent essay in the Harvard Law Review entitled “The Solicitor General and the Shadow Docket” critiques the Solicitor General’s “unprecedented number of requests for emergency or extraordinary relief from the Justices,” including stays, mandamus, and certiorari before final judgment.  For example, he notes that the current administration has sought certiorari before…