In a one-sentence order, the court said it now expects to act by Friday evening. There was no explanation of the reason for the delay.
, but he put the decision on hold for a week to allow an appeal.
The appeals court acted by a 2-1 vote. The judges in the majority, Kurt Engelhardt and Andrew Oldham, are both Trump picks.appealed to the Supreme Court The justices could talk about the issue further then. The additional time could also be part of an effort to craft an order that has broad support among the nine justices. Or one or more justices might be writing a separate opinion and asked for a couple of extra days.The Supreme Court’s delay suggests a maddening reality about an institution that ordinarily adheres to a schedule that hasn’t changed much in years: Even experts can be in the dark about when the court will decide things and how.
But nowhere is the uncertainty as great as a separate category of cases that have come to be known as the shadow docket.
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