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bigtree

(94,436 posts)
Sat Apr 18, 2026, 11:13 AM Saturday

NYT: Secret memos by SC justices show how they bypassed time-tested procedures and created the modern shadow docket

The New York Times @nytimes 2h
Secret memos by Supreme Court justices, obtained by The New York Times, show how they decided to bypass time-tested procedures and create the modern “shadow docket,” a controversial new way of doing business.

https://www.nytimes.com/2026/04/18/us/politics/supreme-court-shadow-docket.html?smid=tw-nytimes&smtyp=cur

...key takeaways:

The New York Times is publishing seven confidential memos that were exchanged among the justices of the Supreme Court over five days in the winter of 2016. They tell a pivotal story.

The memos show how the justices stumbled into a new way of conducting their work in major cases on presidential power, short-circuiting longstanding procedures meant to ensure careful consideration and reasoned opinions.

In the papers, the justices debate taking an unprecedented step: halting a major climate change initiative from President Barack Obama before any lower court had addressed its lawfulness. By a 5-to-4 vote along partisan lines, the court did just that, without explaining its reasoning.

Emergency orders based on abbreviated briefing and almost no deliberation have now become commonplace, notably in cases arising from challenges to presidential actions. Critics call this new way of doing business the “shadow docket.”

https://www.nytimes.com/2026/04/18/us/politics/supreme-court-shadow-docket-takeaways.html?smtyp=cur&smid=tw-nytimes
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NYT: Secret memos by SC justices show how they bypassed time-tested procedures and created the modern shadow docket (Original Post) bigtree Saturday OP
How the Trump Supreme Whorehouse operates dalton99a Saturday #1
Perhaps the next President and multigraincracker Saturday #2
I know Congress can change the size of the court InstantGratification Saturday #7
That's what should happen. punguin54 Saturday #10
And all of it will be contested in time, since it doesn't have a sound foundation. Baitball Blogger Saturday #3
Zealots don't play by the rules dlk Saturday #4
Sounds like the mob. spanone Saturday #5
All puked the words "strict constuctionists" Cosmocat Saturday #6
What is the 2016 timeline? AverageOldGuy Saturday #8
I'm sure that this scheming involved some very rich people as well as FedSoc, AEI, etc. erronis Saturday #11
The result is that this court is one of the worst courts in our history, right up there with Taney. MLWR Saturday #9
Quelle surprise... GiqueCee Saturday #12
did anyone think someone would leak this memo? bigtree Saturday #14
Leaking the info... GiqueCee Saturday #16
what comes next is evidence of direct coordination with the Trump WH. bigtree Saturday #19
You can bet... GiqueCee Saturday #20
Robert's Supreme Court is fully corrupt travelingthrulife Saturday #13
Roberts has the mentality of a lobbyist, not a judge. bigtree Saturday #15
Now may be a good time... GiqueCee Saturday #17
We need more transparency in the people, who, I don't know, decide the supreme law of the land! Initech Saturday #18
It is long past time... GiqueCee Saturday #21
Agreed with everything you said. Initech Saturday #22
I'm with you 100% on this! GiqueCee Saturday #23

multigraincracker

(37,804 posts)
2. Perhaps the next President and
Sat Apr 18, 2026, 11:18 AM
Saturday

Congress can double the numbers of Justices and put a term limit on them?

7. I know Congress can change the size of the court
Sat Apr 18, 2026, 01:15 PM
Saturday

It has been done in the past, with the size being as large as 10 seats and as few as 6. As to the term limits, I'm fairly certain that the lifetime appoints for the federal bench is set by the constitution, so an amendment would be required.

AverageOldGuy

(4,000 posts)
8. What is the 2016 timeline?
Sat Apr 18, 2026, 01:20 PM
Saturday

Scalia died mid-February 2016. Obama was a lame duck, the election was to be between Hillary Clinton and Trump, though neither had been nominated yet and Trump was still a long shot.

The traitor Mitch McConnell held Scalia's seat open in hopes of a Republican becoming President in January 2017.


WHAT ARE THE DATES ON THE FOUR MEMOS?

I don't have access to the NYT article. Be interesting to learn:
-- Were the four memos started while Scalia was still alive?
-- McConnell's role in the four memos?


I suspect this was deeper than just scheming on the Court.

erronis

(24,101 posts)
11. I'm sure that this scheming involved some very rich people as well as FedSoc, AEI, etc.
Sat Apr 18, 2026, 01:42 PM
Saturday

I'll also hazard a guess that some reporter has a book planned on revelations but will hold them up to maximize profits.

MLWR

(1,064 posts)
9. The result is that this court is one of the worst courts in our history, right up there with Taney.
Sat Apr 18, 2026, 01:25 PM
Saturday

GiqueCee

(4,462 posts)
12. Quelle surprise...
Sat Apr 18, 2026, 02:06 PM
Saturday

... did anyone really believe that a Republican-dominated Court would pass up chance to do something despicable and underhanded to benefit the Orange Gargoyle who delights in shitting all over America?

bigtree

(94,436 posts)
14. did anyone think someone would leak this memo?
Sat Apr 18, 2026, 02:18 PM
Saturday

...you shouldn't imagine most people know the details of their 'emergency' appeals and allowances by the SC.

This is an opportunity to bring some daylight to the shadow docket.

I wonder what's behind this revelation, amid all of the talk about resignations?

GiqueCee

(4,462 posts)
16. Leaking the info...
Sat Apr 18, 2026, 02:27 PM
Saturday

... may shed light, but I suspect that the manipulation of the Shadow Docket by the conservative Justices themselves was intended to be secret for a reason, and not an admirable one.

bigtree

(94,436 posts)
15. Roberts has the mentality of a lobbyist, not a judge.
Sat Apr 18, 2026, 02:24 PM
Saturday
Hal Singer @HalSinger
Great NYT story revealing memos—and true motive—of Chief Justice Roberts to bend the rules to stop Obama’s effort to regulate emissions. Roberts sees his role, not as defending the constitution, but instead as protecting the energy industry’s profits, sparing the power sector from incurring any expenses in addressing climate change. This is the mentality of a lobbyist, not a judge.




GiqueCee

(4,462 posts)
17. Now may be a good time...
Sat Apr 18, 2026, 02:36 PM
Saturday

... to remind people that Roberts was one of the people who, in 2000, invaded a Florida election site and stopped the counting of "hanging chads", and other such minor ballot irregularities, that ultimately handed the presidency to Dubya. Roberts doesn't have an honest atom in his body.

Initech

(108,949 posts)
18. We need more transparency in the people, who, I don't know, decide the supreme law of the land!
Sat Apr 18, 2026, 02:39 PM
Saturday

Fuck the Heritage Foundation, no circle of hell is good enough for these fucking assholes!

GiqueCee

(4,462 posts)
21. It is long past time...
Sat Apr 18, 2026, 03:27 PM
Saturday

... for a total and irrevocable ban on politicians insinuating themselves into judicial appointments on EVERY level. There should also be a ban on lifetime appointments, and any party or partisan affiliation of any sort for judges and especially SCOTUS Justices. Justice cannot be blind or fair if a political party's thumb is on the scales. A president cannot appoint judges, only a committee of jurists of impeccable reputation should select and approve judicial candidates; politicians must keep their grubby paws out of the system altogether.
If the Trump regime has inadvertently done anything of value for America, it is to shine a light on the abysmal corruption of the judiciary for all to see, though I'm certain that was never their intent.

Initech

(108,949 posts)
22. Agreed with everything you said.
Sat Apr 18, 2026, 04:40 PM
Saturday

Plus we actively need to bar groups like the Heritage Foundation and the Federalist Society from having so much pull in judicial picks and writing policies. The Heritage Foundation is a terrorist organization and they are a huge part of the problem. They helped flip 2016 and 2024. They committed treason and got away with it. They all need to be arrested.

And no more rule by executive order, they lost their privileges. Heritage should be permanently banned from the White House forever because of this.

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