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The New York Times published leaked internal memos and emails this week that trace the origins of the U.S. Supreme Court’s now-routine “shadow docket” to a February 2016 one‑paragraph stay of President Barack Obama’s Clean Power Plan.
The documents show rapid, behind‑the‑scenes deliberations by justices who bypassed normal briefing, oral argument and extended opinion-writing to halt the environmental rule while lower courts had not yet weighed in.
Memos reveal sharp divisions among the justices — with conservative members urging swift action to preserve the court’s ability to review emergency matters and liberal justices, including Elena Kagan, warning against the approach.
Reporting and commentary highlight how the shorthand emergency docket has since been used to decide high‑stakes issues, including immigration measures, agency power disputes and policies affecting the federal workforce and transgender military service.
Critics say the anonymous, often unexplained orders undermine transparency and the court’s institutional legitimacy; supporters argue the tool is necessary for urgent intervention.


















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