One more nail in the coffin of the McConnell/Roberts court's story in the history books. I wonder how much Roberts is collecting in off-shore bank accounts. I also wonder when the "supreme" court's public DISAPPROVAL rating will go to 99%.
Federal law requires "public participation" while writing new Federal regulations. In the case of large issues with real impacts, such as this one, public participation can be (and was) lengthy and extensive. This is the role of the executive branch, and is mandated by laws passed by the congressional branch.
For the judicial branch to step in and undo/negate the functions of the other two branches using the shadow docket is way, way outside their purview. Their purview would be to see, in this case, if the public participation process was adequate and if the resulting rules and regulations are compliant with the intent of the law.
The use of the "shadow docket" to negate the law, rather than review compliance with it, in this case was a mockery of justice and the Constitution. That the Supreme Court has continued to use the shadow docket routinely during this administration represents a real failure of American democracy.
Bruce Bender
Retired, Environmental Policy Team Lead, Federal Highway Administration
Thank you for your knowledgeable post. The abusive use of the shadow docket by Chief Justice Roberts is an injustice and travesty. Apparently, Roberts figured out how to get around environmental regulations during the Biden administration by misusing the shadow docket. The majority of the Roberts Court has been drunkenly operating in the shadows at full speed under Trump 2.0 on a myriad of other types of cases. Roberts is clearly doing more than "just" calling balls and strikes.
It's pieces like this that make me appreciate my Contrarian subscription. Aside from confirming my complete lack of faith in this current SCOTUS, this piece demonstrated the fruits of democratic policy engagement, bringing all the stakeholders to the discussion, and despite SCOTUS's nefarious intervention a drop in emissions. Excellent!
I also appreciate how all the stakeholders worked for a better energy result. It looks like much of politics and government is really up to the voters, we, the people.
And also democratic, participatory processes where people get to voice their concerns and be heard. I've read about citizen assemblies on climate action in the UK that end up recommending more rigorous climate action than (bought) politicians!
Irene, what you describe is the way things should work. Unfortunately, a decision made by the people and their representatives, can be overturned at a (right-wing) conservative SC. A challenge by a conservative corporation or organization can be taken immediately by the SC. The Supremes shortcircuit the normal judicial process to preempt lower court decisions that contradict Supreme Court ideology. The "Shadow Docket" is bad jurisprudence!
I have long suspected that the Right Wing of the Supine Court has been bought and paid for by select members of the Epstein class of big business billionaires. They are little more than scripted partisan actors in black robes. They may possess fancy diplomas and resumes, but they left their critical thinking skills, public service commitment and Constitutional assessment credentials somewhere on the desk of a billionaire who promptly tossed all three in the round file, and continues to profit from the investment.
But, but if the Supreme Court stops (ab)using the shadow docket, how will John Roberts assert his unilateral power over the very definitions of what is legal or illegal in these United Kingdoms of Trump?
When the history of this period is written, from maybe 2050 or 2060, John Roberts will stand out as one of the key architects and enablers of this American flirtation with Fascism and/or Monarchy. There is blame enough for several people to shoulder, but a few stand above the crowd. John Roberts, Mitch McConnell and Trump himself will be among the few remembered for a long time for their very direct, personal efforts to destroy our American democracy for their own personal gain. History will not be kind to them.
and the Shadow Docket is just a cry for more justices. If they don]t have time to do their job then they can be restricted to 4 weeks of seniority earned vacation like the rest of Americans. If they are too old to handle the work they can resign or go part time and we can fill their seat with someone capable...and perhaps less corrupt.
Today's Supreme Court has given up all pretense of impartiality or rule of law. It looks to me like this Court decides what the result should be, then twists and configures the law to fit the previously made decision. In my opinion, it is as corrupt as the Trump regime. Without doubt, several members of this Court should be impeached!
Far worse than the shadow docket (and its decisions) is the Supreme Court's total abuse of the 1925 Judges Bill (SUPPOSEDLY) relaxing certiorari criteria. What it has resulted in is SCOTUS TOTALLY IGNORING the Constitution with simple "Certiorari DENIED" language. E.g. 2+2=3 is Constitutional.
His wife gets all the graft and corrupt $ so his hands are clean. Some say we have no right to say she has a right to work and I agree. The person who is compromised and corrupt is her husband -- under the corrupting circumstances he has no right to employment at SCOTUS. If he had any judgement he would know this.
Can Congress pass a law that requires a full deliberative process from SCOTUS to establish a precedent instead of a single case decision that cannot be applied more broadly?
One more nail in the coffin of the McConnell/Roberts court's story in the history books. I wonder how much Roberts is collecting in off-shore bank accounts. I also wonder when the "supreme" court's public DISAPPROVAL rating will go to 99%.
Federal law requires "public participation" while writing new Federal regulations. In the case of large issues with real impacts, such as this one, public participation can be (and was) lengthy and extensive. This is the role of the executive branch, and is mandated by laws passed by the congressional branch.
For the judicial branch to step in and undo/negate the functions of the other two branches using the shadow docket is way, way outside their purview. Their purview would be to see, in this case, if the public participation process was adequate and if the resulting rules and regulations are compliant with the intent of the law.
The use of the "shadow docket" to negate the law, rather than review compliance with it, in this case was a mockery of justice and the Constitution. That the Supreme Court has continued to use the shadow docket routinely during this administration represents a real failure of American democracy.
Bruce Bender
Retired, Environmental Policy Team Lead, Federal Highway Administration
Thank you for your knowledgeable post. The abusive use of the shadow docket by Chief Justice Roberts is an injustice and travesty. Apparently, Roberts figured out how to get around environmental regulations during the Biden administration by misusing the shadow docket. The majority of the Roberts Court has been drunkenly operating in the shadows at full speed under Trump 2.0 on a myriad of other types of cases. Roberts is clearly doing more than "just" calling balls and strikes.
It's pieces like this that make me appreciate my Contrarian subscription. Aside from confirming my complete lack of faith in this current SCOTUS, this piece demonstrated the fruits of democratic policy engagement, bringing all the stakeholders to the discussion, and despite SCOTUS's nefarious intervention a drop in emissions. Excellent!
I also appreciate how all the stakeholders worked for a better energy result. It looks like much of politics and government is really up to the voters, we, the people.
And also democratic, participatory processes where people get to voice their concerns and be heard. I've read about citizen assemblies on climate action in the UK that end up recommending more rigorous climate action than (bought) politicians!
Irene, what you describe is the way things should work. Unfortunately, a decision made by the people and their representatives, can be overturned at a (right-wing) conservative SC. A challenge by a conservative corporation or organization can be taken immediately by the SC. The Supremes shortcircuit the normal judicial process to preempt lower court decisions that contradict Supreme Court ideology. The "Shadow Docket" is bad jurisprudence!
I have long suspected that the Right Wing of the Supine Court has been bought and paid for by select members of the Epstein class of big business billionaires. They are little more than scripted partisan actors in black robes. They may possess fancy diplomas and resumes, but they left their critical thinking skills, public service commitment and Constitutional assessment credentials somewhere on the desk of a billionaire who promptly tossed all three in the round file, and continues to profit from the investment.
In the case of Clarence Thomas we have literally seen the receipts!
The Supreme Court needs to stay out of scientific issues that are already decided by the scientific community.
But, but if the Supreme Court stops (ab)using the shadow docket, how will John Roberts assert his unilateral power over the very definitions of what is legal or illegal in these United Kingdoms of Trump?
When the history of this period is written, from maybe 2050 or 2060, John Roberts will stand out as one of the key architects and enablers of this American flirtation with Fascism and/or Monarchy. There is blame enough for several people to shoulder, but a few stand above the crowd. John Roberts, Mitch McConnell and Trump himself will be among the few remembered for a long time for their very direct, personal efforts to destroy our American democracy for their own personal gain. History will not be kind to them.
How do these feelings get to individual members of the Supreme Court?
Surely they are not all complicit.
Do you have email addresses….or…..can you buy an ad in something they all read to say these things?
and the Shadow Docket is just a cry for more justices. If they don]t have time to do their job then they can be restricted to 4 weeks of seniority earned vacation like the rest of Americans. If they are too old to handle the work they can resign or go part time and we can fill their seat with someone capable...and perhaps less corrupt.
Today's Supreme Court has given up all pretense of impartiality or rule of law. It looks to me like this Court decides what the result should be, then twists and configures the law to fit the previously made decision. In my opinion, it is as corrupt as the Trump regime. Without doubt, several members of this Court should be impeached!
Far worse than the shadow docket (and its decisions) is the Supreme Court's total abuse of the 1925 Judges Bill (SUPPOSEDLY) relaxing certiorari criteria. What it has resulted in is SCOTUS TOTALLY IGNORING the Constitution with simple "Certiorari DENIED" language. E.g. 2+2=3 is Constitutional.
His wife gets all the graft and corrupt $ so his hands are clean. Some say we have no right to say she has a right to work and I agree. The person who is compromised and corrupt is her husband -- under the corrupting circumstances he has no right to employment at SCOTUS. If he had any judgement he would know this.
Can Congress pass a law that requires a full deliberative process from SCOTUS to establish a precedent instead of a single case decision that cannot be applied more broadly?
Are you the Andrew McCabe McCabe?
Thanks for sharing and explaining this!