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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Supreme Court's Shadowy Plan to Subvert Democracy
The Supreme Courts Shadowy Plan to Subvert Democracy - The Nation In making frequent, ill use of the shadow docket, the high court is not just handing Trump policy victories. Its upending the rule of law.The shadow docket is the colloquial term for the courts emergency docketthose cases for which the court, at the request of a litigant, issues expedited rulings and does so without a full briefing from the lawyers involved or a full hearing on the issue at hand. The emergency docket is supposed to be used for, well, emergencies: cases that require an immediate response to avert irrevocable harm. The classic emergency-docket case is a death-penalty appeal. A person set to be executed in the morning cannot wait for the court to consider their appeal in a year and a half.
Technically, shadow-docket rulings are supposed to be temporary, pending a full hearing by the court on the merits of the case. In reality, many are final, because the harm the Trump administration does in the interim cannot be easily undone. If the court temporarily approves Trumps right to fire you or cut off your food or bomb your boat, its hard to undo those actions a year later, when the court considers the merits of your unemployed, starving, charred case.
Many court watchers have sounded the alarm over the Supreme Courts use of the shadow docket in recent yearsnotably, since 2017, when Trump arrived at the White House. Until then, it was exceedingly rare for a president to make an emergency appeal to the Supreme Court. During their respective terms (for a total of 16 years), George W. Bush and Barack Obama each made only eight emergency appeals. Trump, by contrast, made 41 in his first term. Joe Biden made 19 over his four years in office, a number that the second Trump administration matched in just its first 20 weeks. Trump uses and abuses this process so much that some people now call it the Trump docket. Anytime he gets a lower-court ruling he doesnt like, he runs to the Supreme Court asking for emergency relief. And he usually gets it: As of this writing, Trump has received decisions in 23 cases on the shadow docket. Hes won 20 of them.
Botany
(76,404 posts)just blew that off. Trump violated those rulings by failing to uphold his oath to the
Constitution and by leading an insurrection against the government of the United States
of America.
B.See
(7,781 posts)neither do his MAGA henchmen/accomplices on the so-called "supreme" court. Except to the extent that they can convolute, twist, and pervert it to suit their anti-Democracy far REICH agenda.
Sympthsical
(10,854 posts)I doubt Kagan, Sotomayor, or Jackson are MAGA henchmen upholding a right-wing agenda.
It was a dumb gambit, people said so at the time, but a few politicians and law types who enjoy social media (and regular media) attention gassed everyone up about it.
In their concurrence, the three liberal justices wrote, "It would defy logic for Section 3 to give States new powers to determine who may hold the Presidency."