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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNYT: Secret memos by SC justices show how they bypassed time-tested procedures and created the modern shadow docket
The New York Times @nytimes 2hSecret memos by Supreme Court justices, obtained by The New York Times, show how they decided to bypass time-tested procedures and create the modern shadow docket, a controversial new way of doing business.
https://www.nytimes.com/2026/04/18/us/politics/supreme-court-shadow-docket.html?smid=tw-nytimes&smtyp=cur
...key takeaways:
The New York Times is publishing seven confidential memos that were exchanged among the justices of the Supreme Court over five days in the winter of 2016. They tell a pivotal story.
The memos show how the justices stumbled into a new way of conducting their work in major cases on presidential power, short-circuiting longstanding procedures meant to ensure careful consideration and reasoned opinions.
In the papers, the justices debate taking an unprecedented step: halting a major climate change initiative from President Barack Obama before any lower court had addressed its lawfulness. By a 5-to-4 vote along partisan lines, the court did just that, without explaining its reasoning.
Emergency orders based on abbreviated briefing and almost no deliberation have now become commonplace, notably in cases arising from challenges to presidential actions. Critics call this new way of doing business the shadow docket.
https://www.nytimes.com/2026/04/18/us/politics/supreme-court-shadow-docket-takeaways.html?smtyp=cur&smid=tw-nytimes
dalton99a
(94,684 posts)multigraincracker
(37,804 posts)Congress can double the numbers of Justices and put a term limit on them?
InstantGratification
(443 posts)It has been done in the past, with the size being as large as 10 seats and as few as 6. As to the term limits, I'm fairly certain that the lifetime appoints for the federal bench is set by the constitution, so an amendment would be required.
punguin54
(83 posts)But it won't.
Baitball Blogger
(52,487 posts)dlk
(13,288 posts)No one should be surprised.
spanone
(141,826 posts)Cosmocat
(15,442 posts)During their confirmations ...
AverageOldGuy
(3,995 posts)Scalia died mid-February 2016. Obama was a lame duck, the election was to be between Hillary Clinton and Trump, though neither had been nominated yet and Trump was still a long shot.
The traitor Mitch McConnell held Scalia's seat open in hopes of a Republican becoming President in January 2017.
WHAT ARE THE DATES ON THE FOUR MEMOS?
I don't have access to the NYT article. Be interesting to learn:
-- Were the four memos started while Scalia was still alive?
-- McConnell's role in the four memos?
I suspect this was deeper than just scheming on the Court.
erronis
(24,096 posts)I'll also hazard a guess that some reporter has a book planned on revelations but will hold them up to maximize profits.
MLWR
(1,063 posts)GiqueCee
(4,444 posts)... did anyone really believe that a Republican-dominated Court would pass up chance to do something despicable and underhanded to benefit the Orange Gargoyle who delights in shitting all over America?
bigtree
(94,429 posts)...you shouldn't imagine most people know the details of their 'emergency' appeals and allowances by the SC.
This is an opportunity to bring some daylight to the shadow docket.
I wonder what's behind this revelation, amid all of the talk about resignations?
GiqueCee
(4,444 posts)... may shed light, but I suspect that the manipulation of the Shadow Docket by the conservative Justices themselves was intended to be secret for a reason, and not an admirable one.
bigtree
(94,429 posts)...
GiqueCee
(4,444 posts)... your baby's gold-plated booties on that one!
travelingthrulife
(5,325 posts)bigtree
(94,429 posts)Great NYT story revealing memosand true motiveof Chief Justice Roberts to bend the rules to stop Obamas effort to regulate emissions. Roberts sees his role, not as defending the constitution, but instead as protecting the energy industrys profits, sparing the power sector from incurring any expenses in addressing climate change. This is the mentality of a lobbyist, not a judge.


GiqueCee
(4,444 posts)... to remind people that Roberts was one of the people who, in 2000, invaded a Florida election site and stopped the counting of "hanging chads", and other such minor ballot irregularities, that ultimately handed the presidency to Dubya. Roberts doesn't have an honest atom in his body.
Initech
(108,943 posts)Fuck the Heritage Foundation, no circle of hell is good enough for these fucking assholes!
GiqueCee
(4,444 posts)... for a total and irrevocable ban on politicians insinuating themselves into judicial appointments on EVERY level. There should also be a ban on lifetime appointments, and any party or partisan affiliation of any sort for judges and especially SCOTUS Justices. Justice cannot be blind or fair if a political party's thumb is on the scales. A president cannot appoint judges, only a committee of jurists of impeccable reputation should select and approve judicial candidates; politicians must keep their grubby paws out of the system altogether.
If the Trump regime has inadvertently done anything of value for America, it is to shine a light on the abysmal corruption of the judiciary for all to see, though I'm certain that was never their intent.
Initech
(108,943 posts)Plus we actively need to bar groups like the Heritage Foundation and the Federalist Society from having so much pull in judicial picks and writing policies. The Heritage Foundation is a terrorist organization and they are a huge part of the problem. They helped flip 2016 and 2024. They committed treason and got away with it. They all need to be arrested.
And no more rule by executive order, they lost their privileges. Heritage should be permanently banned from the White House forever because of this.