Amicus With Dahlia Lithwick | Law, justice, and the courts This End Of Term At SCOTUS Is Unlike Any Other in History
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May 31, 2025 Jed Shugerman, a Professor of Law at Boston University, dives into the unprecedented turmoil at the Supreme Court. He and Mark Joseph Stern discuss the rise of shadow docket cases and their implications for democracy. The conversation highlights the troubling embrace of unitary executive theory, allowing unprecedented presidential power, particularly during Trump’s influence. They critique the current Court’s decisions affecting critical issues like gender-affirming care and reproductive rights, underscoring the urgent need for judicial accountability and transparency.
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Shadow Docket’s Legal Impact
- The Supreme Court’s shadow docket issues immediate rulings without full briefing or argument.
- These rulings often unsettle law without clear explanation, challenging legal stability and transparency.
Roberts Court Empowered Trump’s Presidency
- The Roberts Court created a powerful, unchecked presidency favoring Trump through the immunity ruling.
- Now, the Court struggles to control the excessive king-like powers it created for Trump.
Unitary Executive Theory Critique
- The unitary executive theory wrongly assumes the president holds absolute executive power.
- Historical evidence shows executive power was originally divided to prevent monarchy-like rule.