The inner workings of the Supreme Courtâs case docket has always been shrouded in mystery. Well, The New York Times obtained secret, informal memos exchanged between justices, giving insight into their âshadow docket.â
This is a big deal. It reveals a more political side of justicesâ thinking on major initiatives, including abruptly halting former President Obamaâs signature environmental policy with little explanation and giving President Trump more than 20 key wins on his agenda.
For example: Chief Justice John Roberts has long had a reputation for being cautious about cases and rulings. But these secret memos reveal a different side of him, including âacted as a bulldozer in pushing to stop Mr. Obamaâs plan to address the global climate crisis.â
What the memos look like: âWriting on formal letterhead, but addressing one another by their first names and signing off with their initials, they sound notes of irritation, air grievances and plead for more time. In addition to the usual legal materials, they cite a blog post and, twice, a television interview. They sometimes engage with one anotherâs arguments. But they often simply talk past each other.â
This is seriously worth reading: âInside the Supreme Courtâs Risky New Way of Doing Businessâ
NEW TODAY â THE COURT IS STAYING OUT OF A PARENTAL RIGHTS CASE:
âThe Supreme Court on Monday declined to take up an appeal from Massachusetts parents who contended the Constitution requires school employees to get their consent to encourage their childâs pronoun and name change in the classroom,â reports The Hillâs Zach Schonfeld. Read more
REPUBLICANSâ BIGGEST HOPE FOR THE SUPREME COURT:
Senate Republicans are secretly hoping conservative Justice Samuel Alito may retire as an âOctober surprise.â
Why this would matter: Republicans have a three-seat majority in the Senate. But many are worried they will lose this majority in the November midterms. Alito has not hinted at his retirement, but Republicans are quietly hoping he may consider it, so they could quickly confirm a conservative successor. If Republicansâ majority shrinks â or Democrats win control of the Senate in November â Republicans would have a much harder time confirming a conservative justice.
Read more: âSenate Republicans hope Supreme Court âsurpriseâ could help save majorityâ