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SCOTUS Consigns Life-and-Death Matters to Shadow Docket : House Testimony

Adam KlasfeldFeb 18th, 2021, 4:35 pm In a trio of cases of men seeking to be executed next to a spiritual advisor, a Muslim, Buddhist and Christian reached different outcomes before a Supreme Court that remained tight-lipped about its reasoning. The high court did not reveal why the justices denied Domineque Hakim Marcelle Ray a Muslim advisor before sending him to his death. Patrick Henry Murphy, a Buddhist priest, was spared the ultimate judgment, with one justice finding that prison officials could constitutionally deny a spiritual advisor so long as they did not play favorites. The Christian, Willie B. Smith III, was ordered to be provided with a pastor in an unsigned order.

Supreme Court s Shadow Docket to Take Center Stage at House Hearing

Supreme Court’s ‘Shadow Docket’ to Take Center Stage at House Hearing Jerry Lambe © Provided by Law & Crime The House Judiciary Committee is holding a hearing on Thursday afternoon to address the rise of the “shadow docket” in the Supreme Court of the United States. The term “shadow docket,” first coined by University of Chicago law professor Will Baude in 2015, refers emergency rulings decided outside the Court’s regular docket before the lower court has reached a final decision on the merits which do not require the justices to indicate their vote and often aren’t accompanied by an explanation detailing of the court’s reasoning.

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