Supreme Court rulings issued through the shadow docket without meaningful opinions should not be treated as binding precedent for lower courts.

“The question is whether when it issues an order for the parties in front of it without an opinion or without a meaningful opinion if that should be also treated as president.”

The loss of experienced attorneys at the Department of Justice has resulted in a decline in the quality of advocacy and a loss of trust from the federal judiciary.

“And what we've seen here is a slow but steady erosion of that confidence of the federal courts that Department of Justice lawyers are giving them information that is accurate.”