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Mad_Machine76

(24,877 posts)
Sun Jul 20, 2025, 05:47 PM 16 hrs ago

SCOTUS Reform

One item I've not really seen discussed regarding SCOTUS reform is this so-called "Shadow Docket", where Trump has been getting consistently bailed out on by the current SCOTUS. I can maybe see the potential *occasional* need for an emergency un-briefed Supreme Court ruling, but it should not be getting overused on non-emergency matters. Certainly, mass layoffs of Federal Employees don't IMHO rise to the level of needing an emergency ruling from SCOTUS. Congress needs to put some limits around these kind of rulings so that we do not continue to see the abuse of these rulings, that should require briefing and oral arguments and not just an unsigned opinion from the majority. What does everybody else think?

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SCOTUS Reform (Original Post) Mad_Machine76 16 hrs ago OP
Minimum five new justices Fiendish Thingy 15 hrs ago #1
Under this scenario... SickOfTheOnePct 12 hrs ago #4
Perhaps- I think legislation could be crafted to overcome that issue Fiendish Thingy 12 hrs ago #5
Emergency docket petitions typically are briefed. onenote 12 hrs ago #2
I think Mad_Machine76 12 hrs ago #3

Fiendish Thingy

(20,069 posts)
1. Minimum five new justices
Sun Jul 20, 2025, 06:02 PM
15 hrs ago

No shadow docket- with 13 justices, the chief Justice can parcel out cases for initial rulings/stays/injunctions. Any unsigned rulings considered null and void.

Also, and any ruling ignoring stare decicis and overturning past precedent (such as Dobbs did) shall itself not be considered its own precedent, and no lower court shall be required to consider or follow the ruling on similar cases that may come before them.

Strict ethical rules and financial reporting requirements; any Justice not complying with the rules shall be suspended without pay or benefits for a minimum of 90 days, and the president can elevate a judge from a lower court to serve as an acting Justice for the suspension period without confirmation from the senate.

SickOfTheOnePct

(7,969 posts)
4. Under this scenario...
Sun Jul 20, 2025, 09:13 PM
12 hrs ago

…Brown v Board of Education wouldn’t be recognized. And if Dobbs were ever to be overturned, it wouldn’t be recognized either.

I get what the goal is, just think we need to tread carefully on the idea of never overturning precedent.

Fiendish Thingy

(20,069 posts)
5. Perhaps- I think legislation could be crafted to overcome that issue
Sun Jul 20, 2025, 09:16 PM
12 hrs ago

But the destruction of stare decicis must be addressed.

onenote

(45,455 posts)
2. Emergency docket petitions typically are briefed.
Sun Jul 20, 2025, 09:07 PM
12 hrs ago

Although it is true that the decisions often are not accompanied by a written opinion.

Mad_Machine76

(24,877 posts)
3. I think
Sun Jul 20, 2025, 09:11 PM
12 hrs ago

A written opinion should be required and signed. We deserve to at least see their work.

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