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CousinIT

(12,615 posts) Sat Apr 18, 2026, 10:18 AM 19 hrs ago

NYT is releasing internal SCOTUS documents re: 2016 creation of the modern "Shadow Docket"

The Trump-packed conservative court used its "shadow-docket" to enable Trump, but in contrast, also used it to block Obama and Biden.

But certain talking heads on socials and elsewhere continue to go on about how the USSC really isn't just another political arm of the Republican party, The Heritage Foundation, and right-wing billionaires.

1/The NYT is releasing internal SCOTUS documents re: 2016 creation of the modern â€œShadow Docketâ€ noting Justice Roberts & â€œother conservative justices have repeatedly empowered [Trump] through their shadow docket rulings. www.nytimes.com/2026/04/18/u...
— Joyce White Vance (@joycewhitevance.bsky.social) 2026-04-18T13:27:29.119Z

2/By contrast, the papers reveal a court wielding those same powers to block Mr. Obama. Justice Samuel A. Alito Jr. warned that if the court failed to stop the president, its own â€˜institutional legitimacyâ€™ would be threatened.â€
— Joyce White Vance (@joycewhitevance.bsky.social) 2026-04-18T13:27:56.157Z

2 replies

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NYT is releasing internal SCOTUS documents re: 2016 creation of the modern "Shadow Docket" (Original Post) CousinIT 19 hrs ago OP

This court has to be reined in. Congress has the power to close the shadow docket. hedda_foil 18 hrs ago #1

Democrats can and should - once they take Congress: CousinIT 16 hrs ago #2

hedda_foil

(16,996 posts)

1. This court has to be reined in. Congress has the power to close the shadow docket.

Reply to CousinIT (Original post)

Sat Apr 18, 2026, 10:49 AM

18 hrs ago

Perhaps some time they'll use that power.

CousinIT

(12,615 posts)

2. Democrats can and should - once they take Congress:

Reply to hedda_foil (Reply #1)

Sat Apr 18, 2026, 01:07 PM

16 hrs ago

Close the shadow docket
Impose USSC term limits
Impose ENFORCABLE ethics rules
EXPAND the court to 13 justices (screams of "they're packing the court!" can be answered with: "the court is ALREADY packed. Trump put 3 justices on it. We are UNPACKING it!"
Consider a case lottery wherein those bringing cases will not know which 9 or 11 justices will hear their case UNTIL THE DAY it is heard. All justices will study the case and be prepared to hear it and rule on it. A secret lottery will choose an odd number of justices for each case. For major cases, all justices will hear those cases and rule on them. Define 'major' case, vs others, and set up a secured computerized case lottery system that only two people have access to and which is NOT internet or network-connected, and which is in a physically secured, limited-access facility or office. Justices do NOT have access, nor does anyone else in the government, the DoJ, the court, or the USSC staff.

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