The inner workings of the Supreme Court’s case docket has always been shrouded in mystery. Well, The New York Times obtained secret, informal memos exchanged between justices, giving insight into their “shadow docket.”
This is a big deal. It reveals a more political side of justices’ thinking on major initiatives, including abruptly halting former President Obama’s signature environmental policy with little explanation and giving President Trump more than 20 key wins on his agenda.
For example: Chief Justice John Roberts has long had a reputation for being cautious about cases and rulings. But these secret memos reveal a different side of him, including “acted as a bulldozer in pushing to stop Mr. Obama’s plan to address the global climate crisis.”
What the memos look like: “Writing on formal letterhead, but addressing one another by their first names and signing off with their initials, they sound notes of irritation, air grievances and plead for more time. In addition to the usual legal materials, they cite a blog post and, twice, a television interview. They sometimes engage with one another’s arguments. But they often simply talk past each other.”
This is seriously worth reading: ‘Inside the Supreme Court’s Risky New Way of Doing Business’
NEW TODAY — THE COURT IS STAYING OUT OF A PARENTAL RIGHTS CASE:
“The Supreme Court on Monday declined to take up an appeal from Massachusetts parents who contended the Constitution requires school employees to get their consent to encourage their child’s pronoun and name change in the classroom,” reports The Hill’s Zach Schonfeld. Read more
REPUBLICANS’ BIGGEST HOPE FOR THE SUPREME COURT:
Senate Republicans are secretly hoping conservative Justice Samuel Alito may retire as an “October surprise.”
Why this would matter: Republicans have a three-seat majority in the Senate. But many are worried they will lose this majority in the November midterms. Alito has not hinted at his retirement, but Republicans are quietly hoping he may consider it, so they could quickly confirm a conservative successor. If Republicans’ majority shrinks — or Democrats win control of the Senate in November — Republicans would have a much harder time confirming a conservative justice.
Read more: ‘Senate Republicans hope Supreme Court ‘surprise’ could help save majority’
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