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US Supreme Court pursues right-wing agenda through ‘shadow minutes’, says book | Book

Conservative judges US Supreme Court What is new is the sharp rightward shift in the laws governing religious liberty through a series of shadowy, unsigned, unexplained emergency orders that deliberately violated decades of congressional rules and norms. revealed in the book.

Five of the six conservatives who currently hold the majority in the most powerful courts in the United States hold so-called “shadow minutes” (literally and figuratively, unsigned orders that are often issued late at night). used to force votes on some of the most controversial and extreme partisan decisions. darkness. The orders don’t say who voted or why, and often contain a one-line explanation of the legal thinking behind them.

Steven Vladek, a federal court authority at the University of Texas Law School, said the switch from publicly televised, openly debated lawsuits to unaccountability in shadow cases deals with religious liberty. The lawsuit concludes that it was done intentionally during the pandemic. He warns that the trend is now merging. ethics scandal Surround conservative judge Clarence Thomas to undermine the legitimacy of the court and threaten a full-blown constitutional crisis.

In his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to amagass Power and Munding the Republic, Vladek exposes a largely unnoticed and hidden shift to justice. He showed how right-wing judges have abused the court’s emergency powers to ravage long-standing norms that shadow document orders should be used with caution and sensitivity.

Right-wing judges now invoke such orders dozens of times each term. In the three years alone, from 2019 to 2022, courts have granted emergency relief in more than 60 cases, effectively overturning lower courts’ considered judgments with hasty and unexplained decisions.

Among these orders were decisions that had profound and national implications for some of the most hotly contested areas of public life, from abortion to health care. immigrationvoting rights, capital punishment and religious practice. Many of them seem to align more closely with Republican political priorities than with legal principles.

One such order, the decision alone on a shadow document blocking the Biden administration’s January 2022 request that large employers require their employees to be vaccinated against COVID-19, has killed about a quarter of the U.S. population. affected more than 83 million Americans, one of

“The rise of shadow cases reflects, for better or worse, a power grab by courts that have been cut off from any legislative response,” Vladek wrote.

The author chronicles how the most disturbing use of shadow documents came about in rewriting constitutional protections against religious liberty. The dramatic change follows the death of liberal Judge Ruth Bader Ginsburg and the 2020 replacement by devout Catholic right-winger Amy Coney Barrett.

The switch garnered enough votes for the conservative majority to overcome any resistance to the expanded use of the Shadow Document. Among them is Chief Justice John Roberts, who is a conservative but has expressed growing dissatisfaction with the practice.

A change in tactics was immediately apparent. Within weeks of taking office, Mr. Barrett joined four other right-wingers—Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh—to push for a major shift in understanding of constitutional religious freedom, Stopped New York’s restrictions on the number of worshipers due to the new coronavirus. to gather in church.

The decree was unsigned and provided little explanation for the decision to rescind government restrictions that touched on religious practices and to significantly change the country’s laws. This document was issued four minutes before midnight the day before Thanksgiving. Media attention is minimal at this point.

The ruling was even more extraordinary because by that time, New York State had rolled back COVID-19 restrictions, and churches no longer needed to limit the size of their congregations. Therefore, the amendment of the law by the court was incontrovertible.

The same five right-wing justices continued to impose their will on religious liberty laws with similar late-night one-sentence rulings rescinding state COVID-19 restrictions in California, New Jersey and Colorado. In total, the majority issued emergency injunctions against the state’s COVID-19 rules on religious grounds six times in four months.

Vladek says the sudden wave of Shadow recording orders after Barrett arrived on the court was no coincidence. Judges could have taken several pending cases in the Grand Chamber to address religious freedom issues in public hearings on the merits, but they chose the obscure, shadowy way of handling cases.

“Here the court not only uses the emergency petition to change a substantive legal principle, but does so even though it is considering a request to do the same through a decision on the merits.” Vladek told the Guardian newspaper.

Vladek links the rise of shadow cases with the Supreme Court’s growing isolation and detachment from public opinion. The increasing use of shadow documents reflects the polarization and toxicization of American politics.

Vladek warns that a growing trend towards jurisprudence, born in darkness, is jeopardizing the legitimacy of the country’s most powerful courts.Public confidence in the courts is already growing historically lowmade worse by the recent revelation that Thomas accepted luxury gift From Republican Billionaire Harlan Crowe.

“Shadow records are symptoms of a larger disease,” Vladek said. “This disease is just how unchecked and unaccountable today’s courts are compared to before.”

Summarize this content to 100 words Conservative judges US Supreme Court What is new is the sharp rightward shift in the laws governing religious liberty through a series of shadowy, unsigned, unexplained emergency orders that deliberately violated decades of congressional rules and norms. revealed in the book.Five of the six conservatives who currently hold the majority in the most powerful courts in the United States hold so-called “shadow minutes” (literally and figuratively, unsigned orders that are often issued late at night). used to force votes on some of the most controversial and extreme partisan decisions. darkness. The orders don’t say who voted or why, and often contain a one-line explanation of the legal thinking behind them.Steven Vladek, a federal court authority at the University of Texas Law School, said the switch from publicly televised, openly debated lawsuits to unaccountability in shadow cases deals with religious liberty. The lawsuit concludes that it was done intentionally during the pandemic. He warns that the trend is now merging. ethics scandal Surround conservative judge Clarence Thomas to undermine the legitimacy of the court and threaten a full-blown constitutional crisis.In his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to amagass Power and Munding the Republic, Vladek exposes a largely unnoticed and hidden shift to justice. He showed how right-wing judges have abused the court’s emergency powers to ravage long-standing norms that shadow document orders should be used with caution and sensitivity.Right-wing judges now invoke such orders dozens of times each term. In the three years alone, from 2019 to 2022, courts have granted emergency relief in more than 60 cases, effectively overturning lower courts’ considered judgments with hasty and unexplained decisions.Among these orders were decisions that had profound and national implications for some of the most hotly contested areas of public life, from abortion to health care. immigrationvoting rights, capital punishment and religious practice. Many of them seem to align more closely with Republican political priorities than with legal principles.One such order, the decision alone on a shadow document blocking the Biden administration’s January 2022 request that large employers require their employees to be vaccinated against COVID-19, has killed about a quarter of the U.S. population. affected more than 83 million Americans, one of”The rise of shadow cases reflects, for better or worse, a power grab by courts that have been cut off from any legislative response,” Vladek wrote.The author chronicles how the most disturbing use of shadow documents came about in rewriting constitutional protections against religious liberty. The dramatic change follows the death of liberal Judge Ruth Bader Ginsburg and the 2020 replacement by devout Catholic right-winger Amy Coney Barrett.The switch garnered enough votes for the conservative majority to overcome any resistance to the expanded use of the Shadow Document. Among them is Chief Justice John Roberts, who is a conservative but has expressed growing dissatisfaction with the practice.A change in tactics was immediately apparent. Within weeks of taking office, Mr. Barrett joined four other right-wingers—Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh—to push for a major shift in understanding of constitutional religious freedom, Stopped New York’s restrictions on the number of worshipers due to the new coronavirus. to gather in church.The decree was unsigned and provided little explanation for the decision to rescind government restrictions that touched on religious practices and to significantly change the country’s laws. This document was issued four minutes before midnight the day before Thanksgiving. Media attention is minimal at this point.The ruling was even more extraordinary because by that time, New York State had rolled back COVID-19 restrictions, and churches no longer needed to limit the size of their congregations. Therefore, the amendment of the law by the court was incontrovertible.The same five right-wing justices continued to impose their will on religious liberty laws with similar late-night one-sentence rulings rescinding state COVID-19 restrictions in California, New Jersey and Colorado. In total, the majority issued emergency injunctions against the state’s COVID-19 rules on religious grounds six times in four months.Vladek says the sudden wave of Shadow recording orders after Barrett arrived on the court was no coincidence. Judges could have taken several pending cases in the Grand Chamber to address religious freedom issues in public hearings on the merits, but they chose the obscure, shadowy way of handling cases.”Here the court not only uses the emergency petition to change a substantive legal principle, but does so even though it is considering a request to do the same through a decision on the merits.” Vladek told the Guardian newspaper.Vladek links the rise of shadow cases with the Supreme Court’s growing isolation and detachment from public opinion. The increasing use of shadow documents reflects the polarization and toxicization of American politics.Vladek warns that a growing trend towards jurisprudence, born in darkness, is jeopardizing the legitimacy of the country’s most powerful courts.Public confidence in the courts is already growing historically lowmade worse by the recent revelation that Thomas accepted luxury gift From Republican Billionaire Harlan Crowe.”Shadow records are symptoms of a larger disease,” Vladek said. “This disease is just how unchecked and unaccountable today’s courts are compared to before.”
https://www.theguardian.com/books/2023/may/15/us-supreme-court-shadow-docket-book-rightwing-agenda US Supreme Court pursues right-wing agenda through ‘shadow minutes’, says book | Book

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