Dear John,
The Supreme Court now relies on its Shadow Docket as a tool to summarily overturn carefully reasoned lower federal court decisions in furtherance of the idea that there should be few, if any, legal restraints on the President – at least the current one. In response, LDAD asks that you join us in sending a simple message of gratitude to the federal court judges who are holding our Constitutional form of government together by a fraying thread.
Yesterday, in a ruling that lacked any pretense of careful deliberation, the Court used its emergency docket to give the green light to a new gerrymandered redistricting map in Texas – one created at the behest of the administration.
In response, Justice Kagan, joined by Justices Sotomayor and Jackson, described the detailed federal district court decision that found the Texas redistricting plan intentionally manipulated the racial makeup of districts to reach partisan goals in violation of the Constitution. Consider Justice Kagen’s words:
“The District Court conducted a nine-day hearing, involving the testimony of nearly two dozen witnesses and the introduction of thousands of exhibits. It sifted through the resulting factual record, spanning some 3,000 pages. It assessed the credibility of each of the witnesses it had seen and heard in the courtroom. And after considering all the evidence, it held that the answer was clear. Texas largely divided its citizens along racial lines to create its new pro-Republican House map, in violation of the Constitution’s Fourteenth and Fifteenth Amendments. The court issued a 160-page opinion recounting in detail its factual findings.
Yet this Court reverses that judgment based on its perusal, over a holiday weekend, of a cold paper record. We are a higher court than the District Court, but we are not a better one when it comes to making such a fact-based decision. … [T]his Court today announces that Texas may run next year’s elections with a map the District Court found to have violated all our oft-repeated strictures about the use of race in districting. Today’s order disrespects the work of a District Court that did everything one could ask to carry out its charge—that put aside every consideration except getting the issue before it right. And today’s order disserves the millions of Texans whom the District Court found were assigned to their new districts based on their race.” [Emphasis added.]
This Supreme Court’s relentless use of the Shadow Docket ignores history, norms, and the principle of reasoned decision-making fundamental to democracy and the rule of law. Moreover, it undermines the trust and confidence in the federal judiciary that is essential to the functioning of our court system.
Finally, it is insulting to federal court judges who are doing their job of creating a detailed record for careful appellate review, only to see their work reversed or overridden in unsigned orders that are not based on full merits briefing or oral argument.
We need to send our own message to the court system that demonstrates gratitude and urges their continued good work. Please join LDAD in sending this message by signing this form.
Thank you,
Lawyers Defending American Democracy
P.S. We are grateful for your support of our efforts and hope you will consider donating to LDAD’s important work.
