In recent Supreme Court cases involving emergency relief, critics argue that the court overstepped its procedural bounds by not requiring en banc exhaustion in one case and by intervening before state courts had fully resolved issues in another. However, there is no established rule mandating such steps, and the All Writs Act provides a basis for intervention to preserve jurisdiction. The emergency docket exists to address irreparable harms that cannot wait for regular appellate processes, and in these cases, it serves to restore equilibrium rather than disrupt it.
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