Stealth: The Supreme Court's Shadow Docket

fskimospy

Elite Member
Mar 10, 2006
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Basically, the SC's conservative majority uses the shadow docket to advance their agenda and overturn settled law while evading any legal or public scrutiny whatsoever.
Not only that but they selectively take up issues on it to benefit republicans. Remember how when judges blocked Trump’s Muslim ban? SCOUTS almost immediately took the case and reversed it. When a right wing judge blocked Biden’s immigration plan they eventually ruled in Biden’s favor but only after sitting on it for a year.

So basically SCOTUS got a full year of right wing immigration policy just by choosing to not stay an order it was going to overturn.
 

gothuevos

Diamond Member
Jul 28, 2010
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Not only that but they selectively take up issues on it to benefit republicans. Remember how when judges blocked Trump’s Muslim ban? SCOUTS almost immediately took the case and reversed it. When a right wing judge blocked Biden’s immigration plan they eventually ruled in Biden’s favor but only after sitting on it for a year.

So basically SCOTUS got a full year of right wing immigration policy just by choosing to not stay an order it was going to overturn.

Well yeah, they basically run the country now.

Three equal branches lol.
 

fskimospy

Elite Member
Mar 10, 2006
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Well yeah, they basically run the country now.

Three equal branches lol.
It’s all over the country too - the judiciary everywhere is out of control. Basically every new initiative a government tries to do is buried in litigation, is often blocked multiple times by judges, etc. This is no way to run a country. While conservatives are the primary offenders federally abuse of the courts is happening even in liberal areas.

Starting with SCOTUS the courts need to be put back in their place.
 

K1052

Elite Member
Aug 21, 2003
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Not only that but they selectively take up issues on it to benefit republicans. Remember how when judges blocked Trump’s Muslim ban? SCOUTS almost immediately took the case and reversed it. When a right wing judge blocked Biden’s immigration plan they eventually ruled in Biden’s favor but only after sitting on it for a year.

So basically SCOTUS got a full year of right wing immigration policy just by choosing to not stay an order it was going to overturn.

Or the racial gerrymanders they let stand for a cycle as a treat to the GOP.

It's a total mystery why the courts approval has hit a 20 year low as it keeps doing unpopular things in the name of Republican policy and political advantage.
 
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fskimospy

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Or the racial gerrymanders they let stand for a cycle as a treat to the GOP.

It's a total mystery why the courts approval has hit a 20 year low as it keeps doing unpopular things in the name of Republican policy and political advantage.
That was one of my favorite ones - refusing to take up a Democratic challenge to redistricting because it was too close to the election and then taking up a Republican challenge to redistricting like a month later.
 

dank69

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Oct 6, 2009
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I think what he's saying is that SCOTUS justices put their personal agendas before the law - which is true!
I suspect if you gave him truth serum so he could be honest with himself and others and then asked him "who started the 'agenda' wars?" and "who wages most of them?" the answer to both would be "liberals."
 
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fskimospy

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Mar 10, 2006
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I suspect if you gave him truth serum so he could be honest with himself and others and then asked him "who started the 'agenda' wars?" and "who wages most of them?" the answer to both would be "liberals."
Probably, although I think the larger point that matters here is the law at SCOTUS levels is all just made up bullshit anyway no matter who is in the majority.
 
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theeedude

Lifer
Feb 5, 2006
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I told my liberal friends few years ago the Democrats would eventually have to pack the courts, and they were aghast, giving me idealistic lectures about separation of powers and all that jazz. Now, they have all come around.
 

Moonbeam

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Nov 24, 1999
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It’s all over the country too - the judiciary everywhere is out of control. Basically every new initiative a government tries to do is buried in litigation, is often blocked multiple times by judges, etc. This is no way to run a country. While conservatives are the primary offenders federally abuse of the courts is happening even in liberal areas.

Starting with SCOTUS the courts need to be put back in their place.

Probably, although I think the larger point that matters here is the law at SCOTUS levels is all just made up bullshit anyway no matter who is in the majority.
I find these two statements to be difficult to reconcile. In order for the courts to be put back in their place would presume their is a place that is proper to put them, it seems to me. That would require, again in my opinion, some sort of objective standard, a proper place or role for the judiciary that would circumscribe its authority.

Where I run into a problem, then, is that if the law is really only made up bullshit anyway, any such standard of a place for the courts would also ultimately be bullshit too.

The problem I have with liberals is exactly this. They don’t really believe there is Truth and the problem I have with conservatives is that they all think they automatically know what it is.

This dilemma between anything goes and my way or the highway is a major problem that divides people into warring idiotically driven camps and affects conservatives, in my opinion, the most.

Liberals are not much bothered by subjectivity, but it is deadly to conservative black and white thinkers. They, in particular will be driven to maintain whatever delusional absolutes that were used in their childhood to herd them into conformity.

The enlightened see things a third way, truth that is neither subjective or absolute, but real. It is built on self understanding. There is a hidden commodity that people can have called wisdom, in my opinion. It collapses the liberal conservative divide.