Strict Scrutiny Looking for Bright Spots in the Courts
9 snips
Sep 22, 2025 
Skye Perryman, President & CEO of Democracy Forward, co-hosts a lively discussion on recent legal developments, focusing on the pushback against the shadow docket by lower courts. Former NAACP Legal Defense Fund leader Sherrilyn Ifill joins to highlight Justice Ketanji Brown Jackson’s impactful tenure on the Supreme Court. The conversation dives into her fearless approach, her ability to engage with complex hypotheticals, and her clash with Justice Thomas, reshaping the narrative around judicial integrity and accountability.
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Lower Courts Uncover Administrative Abuse
- District courts are actively exposing administrative abuses with factual findings that matter even when the Supreme Court issues interim stays.
- Those findings increase public scrutiny and can force administrative backtracking or create accountability later.
Appellate Pushback On Shadow Docket
- Appellate judges are openly criticizing the Supreme Court's shadow-docket practice for lacking reasoned explanation and transparency.
- That pushback signals a legitimacy crisis and increases institutional pressure on the Supreme Court majority.
Circuits Demand Clear Reasoning From SCOTUS
- Circuits like the First and Ninth refuse to treat sparse Supreme Court stays as controlling without a developed record.
- They demand reasoned explanations so lower courts can follow lawful precedent coherently.
