Conservative justices are using the Supreme Court’s “shadow docket” to undermine your rights.
This normal order of things takes time, sometimes multiple years, but that time is the result of a transparent process that allows for reasoned decision-making based on the full participation of the parties and even the public. It is this orderly process that, in theory, gives the court its legitimacy. And it is the court’s legitimacy that makes people in this country follow what the court says and respect its decisions, even if they disagree with them.
In almost every way, this is different than the normal way of doing things. The lower appeals court never got an opportunity to decide the case first. Only one set of briefs was filed. There was no opportunity for briefs from the general public. The Justices never heard oral argument. They didn’t meet to deliberate over the matter. There was no opinion explaining the ruling. No one Justice took responsibility for the Court’s reasoning.
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