Contributions by ‘Cole Waldhauser’

Unprecedented Precedent: The Case Against Unreasoned “Shadow Docket” Precedent

Cole Waldhauser[1] INTRODUCTION This Article examines the precedential effects of the Supreme Court’s so-called “shadow docket.” Specifically, I discuss the difficulties confronting lower court judges, exploring how their application of “shadow precedent” has illuminated the dangers in attributing precedential value to the Supreme Court’s emergency orders. Though the Court has long issued non-merits orders for…

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