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Vaccine Orders Show Justices Taking More Cases Out of Shadows

Dec. 23, 2021, 6:56 PM

The Supreme Court’s move to schedule arguments in the challenges to President Joe Biden’s vaccine policy marks the court’s latest public airing of emergency litigation—and it signals the court could be listening to critics.

The arguments ordered Wednesday won’t likely change the outcome at the conservative-controlled court, but they’re the most recent sign the justices are responding to the outcry against the so-called shadow docket’s lack of transparency.

The justices’ use of the docket needed for swift rulings in emergencies has drawn scrutiny in recent years, as the court has made significant maneuvers related to Covid-19, the death penalty, and ...

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