When should a court issue an emergency order blocking a law or government action from going into effect even before the court has fully considered the challenge to it? The Supreme Court has weighed in on this question in a case involving an Idaho ban on some forms of gender-affirming health care for transgender minors.

The conservative majority signaled that it will be hostile in the future to lower court orders that block a law from going into effect everywhere. That’s not so bad — in theory. But in practice, it’s not a great idea for laws that are obviously unconstitutional to be allowed to operate for the time it takes for the courts to fully adjudicate them.

QOSHE - Supreme Court’s Shadow Docket Gets a Radical Makeover - Noah Feldman
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Supreme Court’s Shadow Docket Gets a Radical Makeover

7 0
16.04.2024

When should a court issue an emergency order blocking a law or government action from going into effect even before the court has fully considered the challenge to it? The........

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