The article discusses the Supreme Court's use of its emergency (or "shadow") docket and challenges the narrative presented by The New York Times that the court began using this mechanism in an unprecedented way starting from February 9, 2016. Here are some key points:
Context and Background:
- Times' Narrative: According to The New York Times, the Supreme Court started using its emergency docket to empower presidents it favored and rein in those it opposed.
- Critique of Times’ Reporting: The article argues that this narrative is inaccurate and overlooks earlier cases where the court intervened on an emergency basis.
Key Cases Highlighted:
-
HHS Mandate (2013-2015):
- Justice Sotomayor issued an order against a regulation from President Obama’s administration.
- The HHS mandate threatened to bankrupt small religious nonprofits before any court could test their claims.
-
Clean Power Plan (2016):
- The Supreme Court intervened on February 9, 2016, to prevent the EPA's Clean Power Plan from taking effect until the D.C. Circuit ruled.
- This was seen as a response
Read the full article at SCOTUSblog
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alinemati1983-6987Written by alinemati1983-6987
