Strict Scrutiny The Shadow Docket Just Won’t Quit
25 snips
Aug 25, 2025 
Eli Savit, Washtenaw County Prosecutor and Michigan Attorney General candidate, discusses threats to marriage equality and the pivotal role state attorneys general play in defending LGBTQ rights. Serena Mayeri, a legal expert and author, shares insights from her book on the evolution of marriage laws in the U.S., addressing systemic discrimination and the complexities facing marginalized communities. Together, they explore the legal landscape shaped by recent Supreme Court decisions and the ongoing fight for civil rights amidst shifting societal norms.
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Shadow Docket Forces Claim-Splitting
- The Supreme Court's NIH order split five-to-four twice, invalidating the policy but blocking immediate fund restoration.
- This forces grant recipients into separate forums, increasing burdens and delaying critical medical research funding.
Jackson's 'Calvin Ball' Critique
- Justice Jackson condemned the court's move as turning statutes into gauntlets and making vindication of the law harder.
- She warned the court opts to obstruct rule-of-law remedies when it should preserve legal constraints.
Ignore Presidential Social Media Directives
- States must ignore Truth Social posts as legal directives and preserve existing election rules.
- Protect election access by relying on legislated authority and resisting unilateral presidential claims.
