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Roberts led 2016 Clean Power Plan stay, new reporting shows

newsApr 20, 202616663

Chief Justice John Roberts pushed the Supreme Court to grant an emergency stay blocking the Obama administration's Clean Power Plan in February 2016. The New York Times published internal documents showing Roberts drafted the stay language and urged colleagues to act quickly to "preserve the status quo pending judicial review," even though the rule was already in effect. The Court's order became the first major use of what is now called the modern shadow docket, allowing nationwide policy changes before full merits briefing and oral argument. Legal analyst Steve Vladeck says Roberts's leadership on the stay set a precedent that has enabled later emergency orders to shape national policy without full hearings.

Key Highlights

Roberts pushed the Supreme Court to stay the Clean Power Plan in February 2016.
New York Times internal documents show Roberts drafted and circulated the stay proposal.
The stay marked the first major use of the modern shadow docket.
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