Jodi Kantor

and is this something that is not done is when did the the shadow docket appear and couldn't they think of calling it something less sinister than the shadow docket well there's like a whole debate about what it should be named so the shadow docket emerged slowly over time and it definitely existed before this 2016 case but it was used in a more narrow way it was used mostly for a death penalty

PENALTY CASES, ELECTION CASES.

A LITERAL EMERGENCY.

A LITERAL EMERGENCY.

OKAY.

AND SO WHAT WE'RE SEEING, AND WE'RE SEEING AN EXPANSION OF THE SHADOW DOCKET, AND THE REASON WHY THIS CASE WAS AN INFLECTION POINT IS BECAUSE THE D.C.

CIRCUIT, WHICH, AS YOU KNOW, IS LIKE A VERY BIG DEAL COURT.

was supposed to hear the case.

And instead, the Supreme Court jumped in front of them and made this ruling when no other court had weighed in.

The way it usually works is that the Supreme Court comes at the end of the process.

There was, the applications came, but what's interesting, and like, I would really urge everybody to go online and read these memos.

And also Adam and I annotated them to like, they're not really written in English.

They're written in like a kind of legal Latin.

So we did some translation for you to be able to see.

Well.

that what i would say yeah is that the chief justice was in a real rush like this was fast like he seemed offended by certain things well he was in a power struggle with the obama administration which he field had sidelined the court on a previous epa decision so you are seeing like

You're seeing the Chief Justice be very dismissive of colleagues' procedural objections because the Democratic-appointed justices are like, this is weird.

Like, we've never done this before.

Like, why would you do this?

Like, I have serious concerns about this.