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In a Federal Bar Assoc. Con Law Covid19 webinar discussing pandemic cases. Professors Erwin Chemerinsky and Michelle Goodwin. Good stuff.
Professor Chemerinsky addressed the SCOTUS shadow docket, and his comment was profound and a solid reason to rebalance the Court. An appeal of an injunction or its denial gets abuse of discretion review. Roberts court has reviewed Trump cases de novo without the full record.
What I take from that is the radical right Roberts court is not even pretending to be conservative but is instead acting as a legislative body that is disregarding the foundations of appellate law as we have known it to advance the political views of the majority justices.
