John Roberts joins dissent calling out conservative majority for abusing "shadow docket" powers
The order marks yet another controversial use by the Republican-appointed justices of what legal experts call the "shadow docket" — using the emergency relief process to summarily overrule lower courts or laws without any public argument or justification for doing so. Normally, the Court will hear oral arguments, deliberate, and issue an opinion on their reasoning, but ever since Republicans took a six-justice majority, the Court has increasingly skipped all of that on more substantive issues.
One unusual thing happened this time, however: Chief Justice John Roberts, a typical member of the conservative side of the bench, joined the dissent from liberal Justice Elena Kagan condemning the court's alleged abuse of the shadow docket — a potential sign he, too, is growing annoyed by his colleagues' use of emergency orders.
https://www.salon.com/2022/04/06/john-roberts-joins-dissent-calling-out-conservative-majority-for-abusing-shadow-docket-powers_partner/