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SCOTUS shadow docket.

In June 2022, the Supreme Court struck down Roe v. Wade, the nearly 50-year-old landmark ruling that the Constitution provides a right to an abortion. While the decision was stunning in its own right, many Court watchers say the justices signaled the death of Roe months earlier when they refused to block a Texas law prohibiting abortions starting at six weeks of pregnancy — a clear violation of Roe.

The decision in that case, Whole Woman’s Health v. Jackson, was shocking not only because it signaled a major change to the law but also in how the Court first addressed this issue: through a one-paragraph, unsigned opinion issued without any oral argument, on the Court’s “shadow docket.”

The ruling was one of the more controversial uses of the Supreme Court’s shadow docket, and it made clear that the justices were willing to use this previously obscure procedural mechanism in ways that their predecessors did not. For better or for worse, the shadow docket is now a significant part of Supreme Court jurisprudence.

👆 One frequently cited example is Roman Catholic Diocese of Brooklyn v. Cuomo, in which the justices struck down New York’s capacity restrictions on religious services due to Covid-19. The Supreme Court’s intervention reversing the lower courts that had allowed the restrictions to stand appeared particularly unusual since the attendance limits were no longer in effect and could not cause harm.

Shadow Docket👉Another example came when the justices reinstated Alabama’s gerrymandered Congressional map after lower courts had ruled that the plan discriminated against Black voters in violation of the Voting Rights Act. The result is that those maps will be in effect for at least the 2022 election. Only two justices in the majority (Kavanaugh and Samuel Alito) provided any reasons for their decision.

The shadow docket isn’t new. It’s intended to provide a mechanism for dealing with issues that need immediate attention before there’s “irreparable harm"—with no argument, abbreviated briefing, and often little to no explanation.

https://www.abajournal.com/web/article/scotus-shadow-docket-draws-increasing-scrutiny

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Bible In A Year // Day 153 // Proverbs 7-9 & Psalm 148
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THE LEGEND OF THE FAWN & FABLE
BY FEMACOLA

nee upon a time, a fawn found herself lost while searching for mushrooms in the enchanted forest. As the shadows of the mighty oaks grew long all around her, she knew the night would soon fall. Her legs shivered in the mountain air, her stomach growled with hunger, and she felt fear creeping up her tail.

She whispered to herself, "Please, a single acorn to eat and a warm pile of leaves for a bed.

That's all I ask." As she spoke, a tear fell from her eye, glinting in the day's last light as it landed on the forest floor.

The trees themselves heard her plea. Honoring their pledge to serve any pure-hearted creature of the forest, they summoned their ancient mountain magic. Where the tiny doe's tear had fallen, an oak shoot rose and began to reach upward. The fawn watched in amazement as a grand transformation began. The tender sprout grew and grew, not into an oak, but into a majestic castle of rich wood and gleaming gold. Roots wrapped around roots, forming a doorway and a split staircase that welcomed the fawn to step forward.

After crossing the threshold, she was greeted by the most beautiful place she had ever seen.

Rich tapestries hung from every wall, and soft pillows covered every surface. A fire crackled gently in a stately fireplace, warming her to the bone. Best of all, a long table was piled high with fine foodstuffs beyond her imagination... not just because she had only ever eaten grasses, acorns, and leaves. The intoxicating smell of roasted meat, hearty vegetables, and refreshing libations drew her irresistibly to the banquet.

She dipped her muzzle into a tureen of soup, and as she lapped it up, an incredible transformation came over her as well.

Within moments, she changed from a tiny fawn into a lionhearted princess. From that day, she vowed to rule over the forest with compassion and joy. All were welcome to share the warm beds of her castle and the fine fare of her table. She named her banquet hall Fawn & Fable so she would never forget her roots and the responsibility she bore for all guests who came to her mountain home.

~ from the menu at fawn & fable at nemacolin

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