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Wicked far right US Supreme Court has created a 'shadow docket' - a parallel legal system for Trump
https://popular.info/p/the-supreme-court-quietly-goes-full. . .The shadow docket
In the ordinary course of business, a federal case winds itself through the federal district and appeals courts. That process might involve temporary injunctions or other preliminary rulings, but it's all handled by the district court and intermediate federal courts of appeal. When all that is over, the losing party decides whether or not to ask the Supreme Court to review the decision. Most requests, due to time constraints, are denied. This is how the system works.
The Trump administration has taken a different approach. It has repeatedly asked the Supreme Court to intervene before the lower courts have fully considered the case. The Trump administration has done so at a rate that is exponentially higher than previous administrations. A recent paper by Professor Stephen Vladeck in the Harvard Law Review goes over the stats:
[I[n less than three years, the Solicitor General has filed at least twenty-one applications for stays in the Supreme Court (including ten during the October 2018 Term alone). During the sixteen years of the George W. Bush and Obama Administrations, the Solicitor General filed a total of eight such applications — averaging one every other Term.
The Supreme Court has approved, in full or in part, about 65% of the Trump administration's requests for emergency relief. The effect has been to effectively create a parallel legal system that allows the administration to advance its policies without first dealing with lower federal courts. In instances when the administration's requests are denied, "the Court’s denial of relief has come summarily and with no public opprobrium — no suggestion from the Court that the Solicitor General is abusing his unique position, taking advantage of his special relationship with the Court, or otherwise acting in a manner unbecoming of the office he holds," Valdeck writes.
In the ordinary course of business, a federal case winds itself through the federal district and appeals courts. That process might involve temporary injunctions or other preliminary rulings, but it's all handled by the district court and intermediate federal courts of appeal. When all that is over, the losing party decides whether or not to ask the Supreme Court to review the decision. Most requests, due to time constraints, are denied. This is how the system works.
The Trump administration has taken a different approach. It has repeatedly asked the Supreme Court to intervene before the lower courts have fully considered the case. The Trump administration has done so at a rate that is exponentially higher than previous administrations. A recent paper by Professor Stephen Vladeck in the Harvard Law Review goes over the stats:
[I[n less than three years, the Solicitor General has filed at least twenty-one applications for stays in the Supreme Court (including ten during the October 2018 Term alone). During the sixteen years of the George W. Bush and Obama Administrations, the Solicitor General filed a total of eight such applications — averaging one every other Term.
The Supreme Court has approved, in full or in part, about 65% of the Trump administration's requests for emergency relief. The effect has been to effectively create a parallel legal system that allows the administration to advance its policies without first dealing with lower federal courts. In instances when the administration's requests are denied, "the Court’s denial of relief has come summarily and with no public opprobrium — no suggestion from the Court that the Solicitor General is abusing his unique position, taking advantage of his special relationship with the Court, or otherwise acting in a manner unbecoming of the office he holds," Valdeck writes.
31 replies
= new reply since forum marked as read
= new reply since forum marked as read
(god I hope that tag is not needed)
There are some people in this world I that I know IRL, who I will probably never forgive. Well at least not unless they fucking learned their lesson and show it. But it is too late for all the people harmed by the Trump administration.
we, meaning people wishing to survive, may have to take to the streets in order to survive.
The complete evisceration of our constitutional law is happening before our eyes.
We may be forced to take action. It may be action that does not occur by typing words onto a screen while on the internet.
This is not a suggestion for action, just a thought experiment on my part.
Volksgerichtshof
The court...
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...was set up outside the operations of the constitutional frame of law.
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...was established in 1934 by order of Nazi leader Adolf Hitler, in response to his dissatisfaction at the outcome of the Reichstag fire trial, in which all but one of the defendants were acquitted. The court had jurisdiction over a rather broad array of "political offenses"...
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...almost always sided with the prosecution, to the point that being hauled before it was tantamount to a death sentence.
~
