‘Shadow Docket’ Use in Top Court Abortion Ruling Fuels Angst (1)

Sept. 2, 2021, 9:17 PM UTC

A crucial moment on a question of abortion precedent played out on the U.S. Supreme Court’s “shadow docket,” an expedited decision-making process taking up a bigger and what critics say is an unhealthy role in high court jurisprudence.

In a 5-4 ruling issued minutes before midnight Wednesday, the justices refused to block a Texas law prohibiting abortion after around six weeks, leaving in place the strictest abortion limits in the country in a one-paragraph opinion citing procedural defects with an abortion provider’s request.

The unsigned opinion that was seen by critics -- including President Joe Biden -- as a grave ...

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