Post Astfw1bdytvClYmxea by dpp@mastodon.social
 (DIR) More posts by dpp@mastodon.social
 (DIR) Post #Ast4UIbrTMJ75ao4dk by interfluidity@zirk.us
       2025-04-08T16:55:37Z
       
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       do outcomes from the Supreme Court’s “shadow docket” constitute precedent binding upon lower courts?
       
 (DIR) Post #AstMtFs2ak7p0bQLOS by curtosis@mastodon.social
       2025-04-08T20:21:47Z
       
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       @interfluidity I don’t see how they possibly can. They aren’t briefed, argued, or fully opinioned. There’s nothing to build on.(Whether this Supremacist Court is legitimate at all is a separate question.)
       
 (DIR) Post #Astfw1bdytvClYmxea by dpp@mastodon.social
       2025-04-08T23:54:50Z
       
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       @curtosis @interfluidity I don’t think Roberts fully understands what a judicial revolt will look like.SCOTUS is baiting both the liberal judges and the Bush and prior conservative judges.They can just rule based on the rule of law and constitution and force thousands of cases on SCOTUS.There’s no penalty for getting overturned except ego for lifetime appointmented judges.
       
 (DIR) Post #AsuqM3EzifW845CgSW by curtosis@mastodon.social
       2025-04-09T01:40:21Z
       
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       @dpp @interfluidity Agreed. Hawai’i v. Wilson was a shot *inches* off the bow of the Roberts Court — and that was *last* year, before this lawless rampage. (Granted, Recktenwald is no conservative. But he’s not the only one pushing back. )
       
 (DIR) Post #AsuqM49ML6bUstZhJY by curtosis@mastodon.social
       2025-04-09T02:34:18Z
       
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       @dpp @interfluidity I found this post (from 4 weeks ago!) from Josh Marshall articulated a lot of these threads coherently.https://talkingpointsmemo.com/edblog/toward-a-theory-of-civic-sede-vacantismThere are far too many Aileen Cannons, but the vast majority of lower court judges are *judicially* conservative, and have been gradually signaling their displeasure at Robertsball. Also law schools have no idea what to teach anymore.SCOTUS rulings aren’t self-executing, in the parlance of our times.
       
 (DIR) Post #AsuqM4ylFzijSJckQy by curtosis@mastodon.social
       2025-04-09T02:42:00Z
       
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       @dpp @interfluidity The real sign will likely be the NCLA suit on the tariffs. Firmly right-wing, taking Roberts’s “major questions doctrine” fabulism at face value. By its own terms it commands overturning the universal tariffs; if they do in fact apply the “only applicable to Democratic Presidents” clause they will have announced they are no longer even pretending.
       
 (DIR) Post #AsuqM5StRxp6xlioOu by dpp@mastodon.social
       2025-04-09T12:59:58Z
       
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       @curtosis @interfluidity the interesting thing for me… will Thomas and Alito side with their gravy train or side with Trump… my bet is Alito sides with Trump the messiah and Thomas follows the $s.
       
 (DIR) Post #AsuqM5vxht4kPvK1i4 by interfluidity@zirk.us
       2025-04-09T13:15:55Z
       
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       @dpp @curtosis what does Harlan Crow think of all this?