Comment by JackC | Hacker News Reader

Comment by JackC | Hacker News Reader

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Cases are being filed -- of ones with decisions, about 138 successful cases to block executive actions so far, and 91 unsuccessful. https://apnews.com/projects/trump-executive-order-lawsuit-tr...

Meanwhile the Supreme Court has granted 16 out of 19 emergency petitions filed by the executive to overturn those rulings, grants that often require shifts in precedent without written reasoning, leading a Justice voting in the minority to describe the Court's current shadow docket practice as "Calvinball."

So (a) they are filing cases (b) they are winning (c) the Supreme Court is giving every indication that the law will be whatever it needs to be to have those cases ultimately lose.

> Supreme Court has granted 16 out of 19 emergency petitions filed by the executive to overturn those rulings, grants that often require shifts in precedent without written reasoning

The emergency docket does not set precedent. (If you like your Roman law, it is analogous to how a consul acting with senatus contultum ultimum is empowered [1], versus a dictator, who can literally make law.)

SCOTUS has been deferring to the administration around what happens while a case is being litigated. It’s stupid. But it’s not Aileen Cannon corrupt (not yet).

(If I’m guessing correctly, they’re bending the knee with one leg and punting with the other. If the midterms swing even one house of the Congress, the judiciary regains its independence.)

[1] https://en.m.wikipedia.org/wiki/Senatus_consultum_ultimum

you say it doesn’t set precedent, but federal judges got admonished for not following the precedent from one of these shadow docket outcomes set like a month ago.

> Joined by fellow conservative justice and Trump appointee Brett Kavanaugh, Gorsuch wrote that all Supreme Court orders carry the weight of precedent, regardless of whether or not they were issued in a shadow docket ruling.

https://www.reuters.com/legal/government/judges-vexed-by-sup...

Huh, these yahoos really are just making it up as they go.

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