> I'd also note that Trump, then Biden, then Trump again escalated the use of the shadow docket way beyond historical norms [1]
The President does not choose to use the shadow docket. The use of the shadow docket is controlled by the court justices, who (as you pointed out) have been a conservative majority for a decade.
You are correct that the use of the shadow docket increased under Trump and then Biden, but this is consistent with the (somewhat obvious) explanation that the conservative justices began to use this tool as a partisan weapon for Trump and the GOP and then later against Biden's policies.
The President does not choose to use the shadow docket. The use of the shadow docket is controlled by the court justices, who (as you pointed out) have been a conservative majority for a decade.
You are correct that the use of the shadow docket increased under Trump and then Biden, but this is consistent with the (somewhat obvious) explanation that the conservative justices began to use this tool as a partisan weapon for Trump and the GOP and then later against Biden's policies.