Can the #supremecourt itself be sued for misuse of the #ShadowDocket , specifically its failure to meet the threshold of demonstrable “irreparable harm” to the petitioner? (In cases of #trump admin seeking shadow docket blessing or reprieve, refusal would typically be continued status quo, not loss.)
#scotus would rule for itself, were the matter brought, but the intellectual seed would be planted, and could even serve as grounds to remove justices who have abused the doctrine.