Post #78147 by onepoorguy on the US Policy board

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Did you ever ask yourself why the shadow docket came about? What might have precipitated that?

That was explicitly covered in the link I provided.

A quick precis would be that it was to address exigent circumstances. One example given was a prisoner is to be executed, but has a challenge before the Court. You can't un-execute him, so a temporary stay is issued via the shadow docket until the Court can take up the full merits.

None of its recent usage even comes close to exigent.

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