That's what courts should do and think the use of per curiam opinions by lower courts is encouraged by this bad practice by the Supreme Court. And remember that The emergency docket was supposed to be used for emergencies to in effect, maintain the status quo. Right. So that later there could be a full ruling on the merits. But as Professor Vladek has said, often there is no later, because the emergency docket ruling, the shadow docket ruling, becomes in effect, the rule of the court. (23:56–24:05)
CLAIM
Asserts that the original purpose of the emergency docket was to maintain the status quo.
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