Fifth Circuit’s Duncan Defends Supreme Court’s Emergency Orders

Judge Stuart Kyle Duncan of the Fifth Circuit defended the US Supreme Court from criticisms over its handling of emergency applications.

Duncan, speaking at a Federalist Society event on Thursday, said it’s “ridiculous” to refer to the high court’s method of issuing emergency orders without full briefing as the “shadow docket.” He said that every court, including his New Orleans-based federal appeals court, has a pathway for handling emergency motions.

The conservative-controlled Supreme Court has come under criticism for its handling of emergency docket orders in recent months, as they’re often issued without opinions explaining moves to lift lower court ...