Judge Talwani and why liberal complaints about the ‘shadow docket’ are so hollow

The article argues that liberal criticism of the Supreme Court's "shadow docket" overlooks the role of forum shopping by progressive litigants. Using a case before Judge Talwani as an example, the author contends that plaintiffs often seek out favorable judges to obtain broad injunctions, which then force emergency appeals. This dynamic, the piece suggests, makes complaints about the shadow docket seem selective and politically convenient rather than principled. The piece also explains what forum shopping is and why it has become a central feature of high-stakes litigation,