In overruling the Alabama District review process that allowed the Voting Rights Act to be overruled, he stated that the Shadow Docket is only used in emergencies, where the plaintiffs' rights are at risk and they plaintiffs have a reasonable shot at winning.
Note: I am using Kavanaugh here because he wrote up some bullshit justification, even though the 5 most conservative judges (Roberts sided with the liberals here in both cases) joined him. Mr Frat Boy is no worse or better than Justice Crumegon Alito, Justice "What Conflict of Interests?" Thomas, Justice "No Mask, Fuck Sotomayor" Gorsuch and Mrs. Justice "I Know What God Likes" Barrett.
Kavanaugh and this all-start team decided that - in the Alabama Voting Rights Case - that voters who are being disenfranchised are NOT actually at risk. And it was NOT an emergency, even though it means the current illegal districts (as defined by Alabama's own legal system) will now be used. He also decided that the plaintiffs no longer need a reasonable expectation of winning (the normal standard) but only a possible chance of winning.
Which would all be understandable (but horrible) IF these jerks were consistent. But look at that same list of reasons and see if you can justify how they did NOT stay the Texas Abortion Case. It meets all their requirements, but they didn't like that answer. So they didn't use it.
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