Progressives outraged over the use of the Supreme Court’s emergency “shadow docket” got some company this week from an unexpected group — conservative skeptics of the tech industry
seeking to head that off, setting the stage for a decision that could come as soon as Friday.
“The fact that there are so few people who think it’s a good law reflects the fact that it’s just not a good law,” said Eric Goldman, a professor at Santa Clara University School of Law whoTexas’ supporters also expressed frustration at the tech industry’s decision to rush the case onto the Supreme Court’s so-called shadow docket — the justices’ system for resolving emergency applications without the usual monthslong process of receiving briefs and hearing oral arguments.
Adam Candeub, a law professor who held senior posts in former President Donald Trump’s Commerce and Justice departments, also questioned the pro-tech side’s use of the shadow docket. The panel’s one-sentence order didn’t explain the rationale for the decision, which overturned a lower federal judge’s order blocking the law. A similar law in Florida,The 5th Circuit decision “was surprising to both sides,” said Evan Swarztrauber, a senior adviser for tech and telecom policy at the Lincoln Network, a right-of-center group that seeks to bridge the gap between the right’s libertarian and populist wings on tech policy.
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