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The shadow docket knows

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The Supreme Court action that will get the most attention today will be ACB rejecting the sub-sub-frivolous challenge to IU’s mandatory vaccination policy. But the Trump Court engaging in more shadow docket Lochnerism should be at least the co-headliner:

Breyer’s dissent does a good job of explaining why the assertion by the majority that the landlords met the standard they had to meet in this case — “indisputably clear [law] and, even then, sparingly and only in the most critical and exigent circumstance” — is flatly absurd on its face. But then so was Lochner itself, so.

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