A Tale Of Two Shadow Dockets
In the span of seventy-two hours, the Supreme Court decided two cases on the emergency docket.
First, by a 7-2 vote, in A.A.R.P. v. Trump, the Court issued an injunction against the “government” to block the removal of a “putative” class of aliens. It did all this even though neither the District Court nor the Fifth Circuit had ruled yet. In fact, had the Supreme Court waited a few more minutes, it would have had an actual decision to review. Now, three days later, the Supreme Court still has not vacated its illegal injunction. I doubt it has any reason to move with alacrity here, since the Supreme Court circumvented the entire appellate process. The Supreme Court begrudgingly took the case away from Judge Boasberg (who is somehow still holding hearings) but the Chief has no interest in letting Texas judges actually decide it.
Second, the Court denied a stay in Yost v. Brown by a 6-3 vote. Here, a federal district court found that Ohio’s constitutional amendment process was unconstitutional. A divided panel lifted the stay over Judge Bush’s dissent. Justice Kavanaugh entered an administrative stay, but the full Court lifted the stay. Justices Kavanaugh, Thomas, and Alito dissented. There you have it, a federal court found unconstitutional the very process by which the people of Ohio can govern themselves. As a result, the Ohio Attorney General was forced to certify the amendme
Article from Reason.com
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