Dahlia Lithwick aptly characterizes the face-off between the president and the Supreme Court as King Kong versus Godzilla. The Imperial Presidency locks horns with the Imperial Court while Americans look on and worry about what they’re going to smash next.
Not only is Dahlia a superb, longtime observer of the Supreme Court, who can put its trends in context for us and help us understand what the six near unanimous decisions this morning were about, she explains why the Court’s shadow docket, where it decides “emergency” cases without briefing them and frequently without issuing any written guidance to the lower courts, is so inimical to the Supreme Court’s constitutional role.
If you missed us live, you can click above and watch us now. There is also a transcript you can click on if you prefer reading. This was the second Substack Live in my Autocracy and Democracy series, as the Civil Discourse community marks our third anniversary, which continues tomorrow and Sunday.
We’re in this together,
Joyce
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