A conservative Southern appeals court seems to be frustrating the Supreme Court

There is a good possibility that the 5th United States Circuit Court of Appeals is the origin of the legal dispute if there is a scramble at the Supreme Court to intervene on a contentious issue that has far-reaching effects up until the very last minute. The exceedingly conservative appeals court, which is responsible for overseeing federal appeals that originate from the states of Texas, Louisiana, and Mississippi, has been responsible for some of the most far-right and sweeping verdicts that have been appealed to the Supreme Court. The so-called shadow docket is a colloquial phrase for emergency applications that the high court must resolve on a rapid timeframe, without the entire process of filing and oral arguments. Many of these conflicts have been played out on the shadow docket.

Appointees appointed by former President Donald Trump have taken both the appeals court and the high court in an even more conservative direction. Both courts tilt substantially to the right, with the appeals court being the more conservative of the two. The Supreme Court, on the other hand, has been known to dismiss the Fifth Circuit Court of appellate on multiple occasions, a frequency that is significantly higher than that of other federal appellate courts. Decisions from the Fifth Circuit Court of Appeals that would have prevented federal gun restrictions, interfered with government immigration operations, and restricted the contact between the Biden administration and social media companies have been put on hold by the Supreme Court.

An order by the appeals court that would allow the law to go into effect was left in place by the Supreme Court in the most recent shadow docket controversy to emerge from the 5th Circuit. This dispute was a result of a challenge to a controversial immigration law in Texas that was brought forward by the Biden administration. However, two conservatives on the Supreme Court wrote a concurrence that urged the Fifth Circuit to press forward with a more comprehensive review of the statute as soon as possible. Within a few hours, the appeals court halted the enforcement of the law.

The decisions handed down by the Fifth Circuit Court of Appeals, which the Supreme Court has recently examined on the basis of their merits, have been met with an equally icy reception from the justices. In the case of the abortion pill that was heard last week, several members of the conservative bloc expressed their skepticism regarding the fact that anti-abortion doctors who brought the challenge to the restrictions of the drug by the United States Food and Drug Administration had successfully passed a fundamental procedural threshold for initiating the case.

 

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