Remember how Thomas and Gorsuch questioned the legitimacy of nationwide injunctions when they were issued against Trump? Their concern appears to have evaporated now that Federalist Society judges are issuing nationwide injunctions against Biden.
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The CA5 opinion clarifies (or cleans up, if you prefer) the district court's analysis on this point.
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This is not original to me, but I gotta ask you guys—do you see a difference between a fully briefed decision like DACA, where the Court even provided essentially advice to the Trump admin vs a shadow docket half page with no guidance/reasoning at all? How are they comparable?
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If may effect how much confidence we have in the Court's judgment, but it doesn't affect the legal merits. Also, these days, the shadow docket inquiry focuses almost exclusively on the govt's likelihood of success, which is a merits inquiry (as Court noted here).
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