The Shadow Docket Is John Roberts' Disappointing Legacy.

The article focuses on Chief Justice John Roberts' pivotal role in expanding the Supreme Court's emergency docket as a strategic tool to advance conservative judicial activism, particularly through the enforcement of the major questions doctrine (MQD). This doctrine allows the Court to block executive actions that significantly alter regulatory authority without clear congressional authorization, exemplified by the 2016 stay of the Obama administration’s Clean Power Plan. Leaked memos reveal Roberts’ rationale and internal court debates surrounding this shift, highlighting the emergency docket and MQD as defining features of the Roberts Court’s conservative legacy. While primarily used against Democratic administrations, the doctrine has also been applied in cases involving Republican policies, illustrating its broad impact on executive power and regulatory state oversight. [Extracted from the article]