Justice Kavanaugh defended the Supreme Court's shadow docket practices by arguing that emergency orders provide what benefit?

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Justice Kavanaugh claims emergency orders provide "clarity and uniformity as to the interim legal status of major new federal statutes, rules, and executive orders." This bureaucratic language hides how shadow docket decisions actually create confusion—lower courts don't know what legal standards to apply when the Supreme Court issues unexplained orders. Justice Kagan directly contradicted Kavanaugh, saying courts "are supposed to explain things" and the Court has "a real responsibility to explain things better."

Justice Kavanaugh defended the Supreme Court's shadow docket practices by arguing that emergency orders provide what benefit?

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