As the Supreme Court concludes a term marked by President Trump's influence, justices face numerous disputes rooted in emergency claims. They skillfully balance expanding executive authority while attempting to mitigate unlawful presidential actions. This dynamic has led to a reliance on shadow docket rulings that complicate the law's clarity and consistency. Discussions in the Amicus podcast highlight the challenges posed by these rulings, likening the situation to a two-tiered legal system reminiscent of 1930s Germany, where one legal structure operates openly while the other remains hidden, dictated by power and emergencies.
We have already seen hugely consequential shadow-docket rulings just in the last few weeks. In some of them, we don't know which justice is on what side.
There is no way to construct a meaningful system of law based on these kinds of unsigned Post-it notes.
Every single one of these things is now an emergency.
The majority seems to think it can exploit the never-ending stream of emergencies to further its own conservative vision of the law.
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