#shadowdocket

~🕊️KatarinaKriz🕊️~on the turning away~pink floyd~katarinakriz.bsky.social@bsky.brid.gy
2025-06-29

bsky.app/profile/npr.... As if we ever forget the bullshit #ShadowDocket OOOoooo Scary Super Secret #Scotus bullshit tool used to #control US. 🥊🥊🥊 🪧 WAKE UP AMERICANS TIME IS SHORT AND YOU SHOULD BE IN THE STREETS! Even I got up at 6:30??!! #REVOLT #ERA #DEI

RE: https://bsky.app/profile/did:plc:ln72v57ivz2g46uqf4xxqiuh/post/3lsqgajh7yg25

Love this deep dive from @joepatrice.bsky.social - Justice Sotomayor absolutely outmaneuvers the #SCOTUS conservative majority on the shadow docket deportation ruling, unpacking a clever legal twist. Details matter! #Sotomayor #ShadowDocket #USPol #ImmigrationLaw #LegalAnalysis

RE: https://bsky.app/profile/did:plc:tw2e2xumdrrz7hvkpdouunov/post/3lsejzcxpss27

Catherine Schmidtlillyfinch@mstdn.social
2025-05-23

#politics #scotus #shadowdocket #corruption #dissent #precedent #fasicsm #authoritarianism #trump

Heather Cox Richardson 5/22/25
SCOTUS Destroys Precedent in Shadow Docket. Dissent from the Bench

Heather Cox Richardson 5/22/25
SCOTUS Destroys Precedent in Shadow Docket. Dissent from the Bench

The six justices who handed down today’s order tried to say that the Federal Reserve Board is different from other agencies because it has a “distinct historical tradition,” so Trump can't just fire its head, Jerome Powell. Trump has made it clear he wants to fire Powell, but that removal would make financial markets even more precarious than they already are.

The dissent, written by Justice Elena Kagan and joined by Justices Ketanji Brown Jackson and Sonia Sotomayor, notes that “the majority’s order...is nothing short of extraordinary” and “favors the President over our precedent.” The court has abandoned 90 years of precedent under the emergency docket, and misrepresents the case as one about the interests of two employees in keeping their job.

In fact, the liberal justices say, “the interest at stake is in maintaining Congress's idea of independent agencies: bodies of specialists balanced along partisan lines, which will make sound judgments precisely because not fully controlled by the White House."
Catherine Schmidtlillyfinch@mstdn.social
2025-05-23

#politics #fascism #trump #alt #scotus #congressionalpower #republicans #shadowdocket

Heather Cox Richardson 5/22/25
SCOTUS’ Shadow Docket Hands Trump Power over Independent Agencies

Heather Cox Richardson 5/22/25
SCOTUS’ Shadow Docket Hands Trump Power over Independent Agencies

Also like their predecessors, MAGA leaders are getting a significant boost from the United States Supreme Court. In a decision made today on the so-called “shadow docket”—the emergency docket in which the court makes decisions without arguments or briefs and which previously wasn’t used for major rulings—the court made it clear it is willing to abandon the idea of independent agencies. Since 1935, the court has upheld Congress'’s right to appoint the heads of independent agencies and has said that the president cannot fire them without cause. Today, in an unsigned two-page order, the court paused orders by federal judges allowing board members at two independent agencies to stay even after Trump tried to fire them.

This is an extraordinary step toward the idea of the “unitary executive,” a theory Republicans began to embrace in the 1980s that because the president is the head of one of the three unique branches of government, any oversight of that office by Congress or the courts is unconstitutional, although in fact presidents since George Washington have accepted congressional oversight. It gives Trump control over the independent agencies that currently run much of the government, agencies like the National Labor Relations Board, the Merit Systems Protection Board—both part of this case— and also the Federal Communications Commission, the Federal Trade Commission, and so on.
2025-02-28

Shout out to @dividedargument.bsky.social for the Supreme Court podcast’s funniest moment ever. The shadow docket is all about doing something for no reason. In the latest episode, @williambaude.bsky.social and @epps.bsky.social note SCOTUS’s recent peak shadow docket opinion. The Court did nothing for no reason, and it was still 5-4.

#law #SCOTUS #podcasts #ShadowDocket #contracts

Jobu TupakiRubyTuesdayDONO
2025-02-01

@jamesn

what kills me the most about this, is the decay of the rule of law. precedent used to mean something. imho not every thing the Trump admin is doing *used* to be legal. but now "legal" means "whatever a bare majority of a captured will countenance". even then, they obscure their craven wiles behind the .

and of course, the immunity decision, and the fecklessness of Congress to impeach a lawless president, deflate the remaining checks against absolute power.

2024-10-04

In Aug, #SCOTUS used its #ShadowDocket to allow #Arizona, a key swing state, to require proof of citizenship w/ voter registration forms at the request of the #RNC.

But perhaps least known—& yet, most important—was #MooreVHarper, a 2023 ruling in which the court set the stage for the next #BushVGore scenario by holding that the justices themselves would have THE LAST SAY when it comes to questions over state-level #election rules & disputes.

#law #VoteBlue #HarrisWalz2024 #landslide

2024-09-26

Each justice would be required to publicly release their opinions & disclose how they voted on issues considered on an emergency basis, sometimes referred to as the #ShadowDocket. Such decisions, which have become more common & increasingly controversial in recent years, don’t identify how each justice voted.

#law #SCOTUS #ethics #JudicialEthics #Judiciary #JudicialReform #CourtReform #SCOTUSreform #PartisanCourt #ActivistCourt #USpol

Benjamin Carr, Ph.D. 👨🏻‍💻🧬BenjaminHCCarr@hachyderm.io
2024-09-10

#SupremeCourt Swamped With #EmergencyAppeals, Led by Challenges to #EPA
Away from its main docket, conservative-led court has been willing to intervene in cases early, seeing grave danger when lower #court permits government to implement regulations that industry sees as too burdensome. Because most rules won’t take effect for years, critics question need for high-court intervention so soon.
wsj.com/us-news/law/supreme-co
archive.ph/k4DmB
#ShadowDocket #Chevron #ChevronDeference #ChevronDoctrine

2024-06-27

@petergleick

That assumption is overridden by every caring observer having months' prior concluded that they're delaying their immunity decision to the last day of their term (before they fuck off for four months' vacation). We also know it's very likely they'll do a remand so it can get punted to next fall, where they won't take up the question until after they know who won the election. #shadowDocket

2024-02-13

In asking Smith to respond by Feb 20 at 4PM, the justices did not set a particularly speedy schedule. The court often asks for quicker responses to emergency applications on what critics call its #ShadowDocket. But nothing prevents Smith from filing sooner….

The proceedings against #Trump in the #trial court will remain frozen in the meantime. Unless the justices move quickly, the trial could be pushed into the heart of the 2024 campaign, or even past the election.

#SCOTUS #law #criminal

2024-01-05

@GottaLaff

Meh, we always kind of knew they would grant cert, because if they refused he'd be off the ballot. But just because they took it doesn't mean they have to make a meaningful ruling. They can ponder and molder it until the primary has happened, and then declare it moot. Brought to you by the #shadowdocket

2023-10-02

@design_law I'm really worried about book banning cases, and the possibility of revisiting Pico (1982) with disastrous consequences. They could decide library books don't matter because there is an internet, and school boards get to decide everything regardless of the procedures which should apply to keep books on shelves. And that prelim inj law is a shambles. #shadowdocket

2023-07-22

@realTuckFrumper
Judiciary is all about wielding power. Not serving majority
#shadowdocket
Why approval rating is worse than crap

Gladwyn d’Souzagodsouza@sfba.social
2023-07-13

overcast.fm/+5wvnQfFKI

the #court does not expect us to agree with the #principles that are espoused in these #decisions, but they expect us to agree that these are principled decisions. And on the #shadowdocket, when most of these #rulings have no #explanation whatsoever, that really, really complicates the story, especially when, as we've seen over the last five or six years, the #pattern looks far more #nefarious.

#ShelbyCounty #VotingRightsAct
#PurchasedJustice #PlantationCourt #corruptconservativescotus
#CorruptEqualsConservative

2023-06-23

The #SCOTUS justices that led the Roe vs Wade overturn are regularly bribed by #billionaires. As you drive across state lines for your #abortion reflect on that. And even imagine for a moment if it were #KetanjiBrownJackson that accepted a #private jet ride to a #luxury $1k/nite fishing vacation in remote #Alaska.

#DeepState #DarkMoney #right #CorruptSCOTUS #corruption #ExposetheTruth #ShadowDocket #StenchontheBench #Republicans #HarlanCrow #PaulSinger #LeonardLeo

#Corrupt #SCOTUS #RightWing #Thomas #Alito #PaulSinger #HarlanCrow #Roberts
2023-06-01

Vladeck to Ward: “The court has always said that its legitimacy derives to a large degree from its ability to provide principled justifications for its decision-making [& not be] partisans in robes. Bur when you don’t have principles — or at least when the principles are not articulated [in #ShadowDocket] — it really does nothing to disabuse those who are convinced that the justices are political actors.”

politico.com/news/2023/05/19/s

Jason Perseus has movedJasonPerseus@mas.to
2023-05-29

“Finally, as the decision to publish the order in Hawkins while not publishing the orders in James, LWV, SEIU, and Waity demonstrates, the Wisconsin Supreme Court’s practices on its shadow docket are ad hoc. That inconsistency is not limited to publication only; the court also sometimes provides written reasoning and sometimes does not. This, in turn, can lead to questions about the quality of the court’s decisions from case to case.”

18/18

#law #lawfedi #SupremeCourt #ShadowDocket

Jason Perseus has movedJasonPerseus@mas.to
2023-05-29

“Third, the upshot of the substantive changes the court made to the standards for temporary relief pending appeal in LWV, SEIU, and Waity is that the availability of temporary relief pending appeal now appears to hinge almost entirely on the merits—and each individual justice’s prediction about how she will vote on the merits without the benefit of full briefing and argument— rather than the weighing of the equities under the other three Gudenschwager factors.”

17/*

#law #lawfedi #ShadowDocket

Jason Perseus has movedJasonPerseus@mas.to
2023-05-29

“Then, in a third unpublished order in Waity v. LeMaiheu, the court chided the trial court for “completely fail[ing] to understand” and “never consider[ing]” the changes to the stay-pending-appeal standard that were announced in the unpublished LWV and SEIU orders.”

14/*

#law #lawfedi #SupremeCourt #ShadowDocket

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