#GiftArticle
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Since that night a decade ago, the logic behind #SCOTUS’ pivotal 2016 order has remained a mystery. Why did a majority of the justices bypass time-tested procedures & opt for a new way of doing business?
The answer would remain secret for generations, legal experts predicted. “We’ll never know (at least, until our grandkids can read the justices’ internal papers from that time period),” Stephen Vladeck, a #law prof at Georgetown, wrote in a newsletter in Feb marking the anniversary of the order.The NYT has obtained those papers & is now publishing them, bringing the origins of the Supreme Court’s #ShadowDocket into the light.
The 16 pages of memos, exchanged in a five-day dash, provide an extraordinarily rare window into the court, showing how the justices talk to one another outside of public view.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
https://www.nytimes.com/interactive/2026/04/18/us/politics/supreme-court-shadow-docket-papers.html?smid=nytcore-ios-share -
The NYT has obtained those papers & is now publishing them, bringing the origins of the Supreme Court’s #ShadowDocket into the light.
The 16 pages of memos, exchanged in a five-day dash, provide an extraordinarily rare window into the court, showing how the justices talk to one another outside of public view.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
https://www.nytimes.com/interactive/2026/04/18/us/politics/supreme-court-shadow-docket-papers.html?smid=nytcore-ios-shareWriting on formal letterhead, but addressing one another by their first names & signing off with their initials, they sound notes of irritation, air grievances & plead for more time. In addition to the usual legal materials, they cite a #blog post &, twice, a #television interview. They sometimes engage with one another’s arguments. But they often simply talk past each other.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS #ShadowDocket
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Writing on formal letterhead, but addressing one another by their first names & signing off with their initials, they sound notes of irritation, air grievances & plead for more time. In addition to the usual legal materials, they cite a #blog post &, twice, a #television interview. They sometimes engage with one another’s arguments. But they often simply talk past each other.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS #ShadowDocket
In public, Chief Justice #JohnRoberts Jr. has cultivated a reputation for care & caution. The papers reveal a different side of him. At a critical moment for the country & the court, the papers show, he acted as a bulldozer in pushing to stop Mr. #Obama’s plan to address the global #ClimateCrisis.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS #ShadowDocket
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In public, Chief Justice #JohnRoberts Jr. has cultivated a reputation for care & caution. The papers reveal a different side of him. At a critical moment for the country & the court, the papers show, he acted as a bulldozer in pushing to stop Mr. #Obama’s plan to address the global #ClimateCrisis.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS #ShadowDocket
When colleagues warned the chief justice that he was proposing an unprecedented move, he was dismissive. “I recognize that the posture of this stay request is not typical,” he wrote. But he argued that the #Obama plan, which aimed to regulate #coal-fired plants, was “the most expensive regulation ever imposed on the power sector,” & too big, costly & consequential for the court not to act immediately.
#law #LegalEthics #PartisanCourt #ActivistCourt #IllegitimateCourt #SCOTUS #ShadowDocket
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When colleagues warned the chief justice that he was proposing an unprecedented move, he was dismissive. “I recognize that the posture of this stay request is not typical,” he wrote. But he argued that the #Obama plan, which aimed to regulate #coal-fired plants, was “the most expensive regulation ever imposed on the power sector,” & too big, costly & consequential for the court not to act immediately.
#law #LegalEthics #PartisanCourt #ActivistCourt #IllegitimateCourt #SCOTUS #ShadowDocket
In the #Trump era, #JohnRoberts & the other conservative justices have repeatedly empowered the president through their #ShadowDocket rulings. By contrast, the papers reveal a court wielding those same powers to block #Obama. Justice Samuel A. #Alito Jr. warned that if the court failed to stop the president, its own “institutional legitimacy” would be threatened.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
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In the #Trump era, #JohnRoberts & the other conservative justices have repeatedly empowered the president through their #ShadowDocket rulings. By contrast, the papers reveal a court wielding those same powers to block #Obama. Justice Samuel A. #Alito Jr. warned that if the court failed to stop the president, its own “institutional legitimacy” would be threatened.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
@Nonilex The irony...
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In the #Trump era, #JohnRoberts & the other conservative justices have repeatedly empowered the president through their #ShadowDocket rulings. By contrast, the papers reveal a court wielding those same powers to block #Obama. Justice Samuel A. #Alito Jr. warned that if the court failed to stop the president, its own “institutional legitimacy” would be threatened.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
@Nonilex I am disgusted, angry, and dispirited, but sadly not at all surprised.
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In the #Trump era, #JohnRoberts & the other conservative justices have repeatedly empowered the president through their #ShadowDocket rulings. By contrast, the papers reveal a court wielding those same powers to block #Obama. Justice Samuel A. #Alito Jr. warned that if the court failed to stop the president, its own “institutional legitimacy” would be threatened.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
@Nonilex it's almost as if Lady Justice has been blindfolded and can't see that her scales are way, way out of balance
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When colleagues warned the chief justice that he was proposing an unprecedented move, he was dismissive. “I recognize that the posture of this stay request is not typical,” he wrote. But he argued that the #Obama plan, which aimed to regulate #coal-fired plants, was “the most expensive regulation ever imposed on the power sector,” & too big, costly & consequential for the court not to act immediately.
#law #LegalEthics #PartisanCourt #ActivistCourt #IllegitimateCourt #SCOTUS #ShadowDocket
@Nonilex When the climate shit really hits the fans in the coming ten to twenty years, people are going to want a time machine and a guillotine.
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In the #Trump era, #JohnRoberts & the other conservative justices have repeatedly empowered the president through their #ShadowDocket rulings. By contrast, the papers reveal a court wielding those same powers to block #Obama. Justice Samuel A. #Alito Jr. warned that if the court failed to stop the president, its own “institutional legitimacy” would be threatened.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
@Nonilex
Wouldnt mind seeing Alito cosplaying Nuremburg defendant -
In public, Chief Justice #JohnRoberts Jr. has cultivated a reputation for care & caution. The papers reveal a different side of him. At a critical moment for the country & the court, the papers show, he acted as a bulldozer in pushing to stop Mr. #Obama’s plan to address the global #ClimateCrisis.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS #ShadowDocket
@Nonilex Roberts is a key factor in the downfall of America.
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When colleagues warned the chief justice that he was proposing an unprecedented move, he was dismissive. “I recognize that the posture of this stay request is not typical,” he wrote. But he argued that the #Obama plan, which aimed to regulate #coal-fired plants, was “the most expensive regulation ever imposed on the power sector,” & too big, costly & consequential for the court not to act immediately.
#law #LegalEthics #PartisanCourt #ActivistCourt #IllegitimateCourt #SCOTUS #ShadowDocket
@Nonilex Roberts needs to be removed ASAP
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R relay@relay.publicsquare.global shared this topic
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In the #Trump era, #JohnRoberts & the other conservative justices have repeatedly empowered the president through their #ShadowDocket rulings. By contrast, the papers reveal a court wielding those same powers to block #Obama. Justice Samuel A. #Alito Jr. warned that if the court failed to stop the president, its own “institutional legitimacy” would be threatened.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
@Nonilex The theory of an apolitical #SCOTUS has become total fiction. Maybe that theory is and always has been wishful thinking, but this court has mockery of that concept. The time has come to make major changes in order to protect constitutional integrity. The first order of business should be term limits, retroactively applied with Thomas at the top of the list to be retired.
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R relay@relay.infosec.exchange shared this topic
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The Inside Story of 5 Days That Remade #SCOTUS
Secret memos obtained by The NYT illuminate the origins of the court’s now-routine “#ShadowDocket” rulings on presidential power.
Just after 6PM on a February evening in 2016, the Supreme Court issued a cryptic, one paragraph ruling that sent both #climate policy & the court itself spinning in new directions.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt
https://www.nytimes.com/2026/04/18/us/politics/supreme-court-shadow-docket.html?unlocked_article_code=1.b1A.W0_1.54-PmsieNhyB&smid=nytcore-ios-share@Nonilex “Risky” in that we may change the court’s structure and accountability because they broke the constitution
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When colleagues warned the chief justice that he was proposing an unprecedented move, he was dismissive. “I recognize that the posture of this stay request is not typical,” he wrote. But he argued that the #Obama plan, which aimed to regulate #coal-fired plants, was “the most expensive regulation ever imposed on the power sector,” & too big, costly & consequential for the court not to act immediately.
#law #LegalEthics #PartisanCourt #ActivistCourt #IllegitimateCourt #SCOTUS #ShadowDocket
@Nonilex That would be the idea that money is more important than hunger being the general constraint on policy that oligarchy always makes it.
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The NYT has obtained those papers & is now publishing them, bringing the origins of the Supreme Court’s #ShadowDocket into the light.
The 16 pages of memos, exchanged in a five-day dash, provide an extraordinarily rare window into the court, showing how the justices talk to one another outside of public view.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
https://www.nytimes.com/interactive/2026/04/18/us/politics/supreme-court-shadow-docket-papers.html?smid=nytcore-ios-shareAlmost makes you forget that the #NYT is responsible for putting this regime into power. Almost.
Yet, nary a mention of how they supported Roberts and Cheeto and wanted this to happen.
@newyorktimes@flipboard.com (whom I presume has long since blocked or muted me, lol, but I'm tagging them anyway.)
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In the #Trump era, #JohnRoberts & the other conservative justices have repeatedly empowered the president through their #ShadowDocket rulings. By contrast, the papers reveal a court wielding those same powers to block #Obama. Justice Samuel A. #Alito Jr. warned that if the court failed to stop the president, its own “institutional legitimacy” would be threatened.
#law #LegalEthics #PartisanCourt #ActivistCourt #compromised #IllegitimateCourt #SCOTUS
@Nonilex threatened is an extreme understatement that shit is gone
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When colleagues warned the chief justice that he was proposing an unprecedented move, he was dismissive. “I recognize that the posture of this stay request is not typical,” he wrote. But he argued that the #Obama plan, which aimed to regulate #coal-fired plants, was “the most expensive regulation ever imposed on the power sector,” & too big, costly & consequential for the court not to act immediately.
#law #LegalEthics #PartisanCourt #ActivistCourt #IllegitimateCourt #SCOTUS #ShadowDocket
@Nonilex "too big, costly & consequential for the court not to act immediately."
So what he was really saying is that his argument against the policy was so weak that he couldn't even argue it in public. Seems pretty typical of all Republican actions, they can't make a valid point, they can only act in secrecy and hide behind lies.
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