"The report is an astonishing leak of private communications between the justices. It bespeaks a Court at war with itself, completely out of the control of Chief Justice John Roberts."
"For two centuries, the court had generally handled major cases at a stately pace that encouraged care and deliberation, relying on written briefs, oral arguments and in-person discussions."
"That night marks the birth, many legal experts believe, of the court's modern 'shadow docket,' the secretive track that the Supreme Court has since used to make many major decisions."
The Supreme Court's shadow docket has become a tool for the conservative majority to swiftly block policies and support favored causes. Recent leaks reveal internal memos showing discord among justices and Chief Justice John Roberts' ineffective leadership. The shadow docket's origins trace back to a 5-4 ruling that halted President Obama's Clean Power Plan without thorough deliberation. This marked a significant shift in the Court's approach, leading to numerous decisions favoring conservative agendas, including over 20 victories for President Trump on various issues.
Read at Esquire
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