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Professor Barry McDonald, "This is the Shadiest Part of the Supreme Court" -- New York Times

Professor Barry P. McDonald's opinion article "This is the Shadiest Part of the Supreme Court," is published in the New York Times. The article examines a problematic aspect of the Supreme Court's shadow docket, which are "cert denials," or denials of petitions for certiorari.

Excerpt from "This is the Shadiest Part of the Supreme Court"

When a new justice is sworn into office, he or she takes two oaths: to be faithful to the Constitution and to impartially administer justice. The unnecessary issuance of cert-denial petitions creates substantial tension with both goals. This part of the court's docket would do well to slip back into the shadows from where it emerged.

The complete article may be found at New York Times (subscription required)