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John – We hate to say it, but ultra-conservative justices are damaging the legitimacy of the Supreme Court.

You may have heard of the term “shadow docket,” which SCOTUS is supposed to use for emergency rulings, but through which it has been ruling on everything from redistricting to abortion rights to environmental protections. According to The Washington Post:

“Justice Elena Kagan… said her conservative colleagues were turning what critics have called the court’s ‘shadow docket’ into something it was never intended to be. The majority’s order ‘renders the Court’s emergency docket not for emergencies at all,’ Kagan wrote. ‘The docket becomes only another place for merits determinations – except made without full briefing and argument.’ ”

Or as Slate put it, “The court routinely flouts its own procedural standards to change substantive law in unexplained and inconsistent rulings.”

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But the shadow docket isn’t the only problem. SCOTUS’s rulings on redistricting this year have been confusing and contradictory. As A.G. Holder said in response to a recent decision on Wisconsin’s state legislative maps, “[The Supreme Court’s] ongoing willingness to act in an inconsistent manner and to ignore precedent raises real questions about its functioning.”

John, weWe want to know what you think of the Supreme Court’s recent actions. Will you take our quick survey?

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Thanks,
Team NDRC




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