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JumpCrisscross 10 hours ago

> 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