The shadow docket knows
By 
The Supreme Court action that will get the most attention today will be ACB rejecting the sub-sub-frivolous challenge to IU’s mandatory vaccination policy. But the Trump Court engaging in more shadow docket Lochnerism should be at least the co-headliner:
thx 6-3 Republican SCOTUS, let me just update the summary judgment rule to comply with your latest
sorry not sorry corporate defendants
wait, 6-3 Republican SCOTUS is going to selectively apply this “longstanding teaching” just like every other ruling they make, aren’t they? pic.twitter.com/PlejWJttgR— Max Kennerly (@MaxKennerly) August 13, 2021
Breyer’s dissent does a good job of explaining why the assertion by the majority that the landlords met the standard they had to meet in this case — “indisputably clear [law] and, even then, sparingly and only in the most critical and exigent circumstance” — is flatly absurd on its face. But then so was Lochner itself, so.