Inside the Supreme Court’s Risky New Way of Doing Business
The New York Times • • general
Key Points:
- In February 2016, the Supreme Court issued a sudden 5-4 ruling blocking President Obama's Clean Power Plan, marking a sharp departure from its traditional deliberative approach.
- This ruling was delivered swiftly and without detailed explanation, signaling the emergence of the court’s “shadow docket” practice of issuing summary decisions on significant issues.
- The secret memos obtained by The New York Times reveal how these five days in 2016 reshaped the court’s handling of presidential power and shifted its operational norms.
- Historically, the Supreme Court took a measured approach with full opinions and public reasoning, but this case set a precedent for rapid, opaque decisions on major policies.
