'Outrage is growing in lower courts-- they witness the lawlessness, they see the creepy method and pattern'

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Sheldon Whitehouse @SenWhitehouse

The latest shadow docket decision moves the Supreme Court further down a submissive pattern of wins given up to Trump: the pattern is 10:1. 🧵

Courts allow bias to be assessed using evidence of pattern, so what’s good for the goose should be good for gander, and pattern evidence should be fair game.

Particularly when the shadow docket allows this Supreme Court to submit to Trump without explanation, pattern is all we’re left with.

A tell: regular federal law courts are REJECTING Trump lawlessness in nearly exact opposite pattern (Trump win-loss ratio less than 1:8 by some calculations), and it’s across judges appointed by ALL presidents.

Not only are these judges rejecting, they’re often rebuking the government — the sort of rebukes normal administrations work hard to avoid.

What’s up? If the plan is to submit to spare the Court conflict with lawless Trump, that’s a tactical strategy, but it’s not law. Cases should be decided by LAW.

If the plan is to submit to Trump’s rampage through government because they share his political hatreds and want to enable him, that’s a political strategy, not law.

If the plan is to submit to reward the creepy billionaires who put them on the Court, who are driving Trump and looting the public, that’s payback, not law.

It’s hard to see any lawful explanation for the pattern of submission in the Court’s shadow docket — as sharp dissents keep pointing out with increasing outrage.

Outrage is growing in lower courts too — they witness the lawlessness, they see respected colleagues’ sound decisions overturned, they see the creepy method and pattern.

When the Supreme Court decides cases based not on law, but for tactical, political or payback motives, it ruins itself, destroys its own constitutional purpose. Some legacy.


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x.com/SenWhitehouse/status/1973127482761941321