The Supreme Court on Thursday declined to revive a district court hearing to craft a new Louisiana congressional map that the Fifth Circuit Court of Appeals had unceremoniously canceled in late September.
Not sure I understand this.
“Justice Ketanji Brown Jackson wrote in concurrence to clarify that the Supreme Court was not greenlighting the Fifth Circuit’s interference in the case — which experts told TPM was bizarre.”
What’s bizarre, the “not greenlighting” or the “Fifth Circuit’s interference”?
Is the Supreme Court the appellate court being referred to?
I don’t follow the implications of what the Supreme Court did, or did not, do.
That makes two of us!
Yeah, I read through this twice and I still don’t understand the implications of the SC’s action/inaction for the case.
It’s a mystery . . .
The article needs to be revised, it isn’t well written. It sounds like TPM simply cut down a longer article without any serious understanding of what the court did.
And Josh was griping that he thought Ulysses was too difficult to read.
I’m pretty sure Leonard Leo and the Federalist Society hand-picked most of the judges on the Fifth Circuit. They are reliably reactionary and, one might say, MAGA-oriented. Hardly impartial arbiters of the law.
I think the first answer is pretty clear from the article:
Justice Ketanji Brown Jackson wrote…to clarify that the Supreme Court was not greenlighting the Fifth Circuit’s interference in the case…
Which is pretty bizarre. It seems to me that the hearing which was cancelled by the mandamus order will now be held at a later date. In other words, the Fifth Circuit caused a small delay, but the Supremes are not going to call them out for their ridiculous reasoning.
I wish the Democrats in the senate would of held up Trump’s appointments to the judiciary, like the GOPers do. But they didn’t. It makes me wonder what they’re thinking sometimes, or even if they can be trusted.
So you think tit for tat is a good way to govern?
I’m a lawyer and I’m really confused about the impact of the Supreme Court’s decision. Does this mean the district court can act and then the case is appealed or something else?
Remember Senators of both parties are beholden to large donors and corporations for their jobs. It is always in their best interests to support conservative judges and justices who reflect the wants and desires of the rich and powerful. That isn’t a Democrat thing or a Republican thing. It is just the nature of the US Senate.
IANAL, and it is totally clear to me. KrispyCreme is upheld over Dunkindonuts, because of a prior decision that there are No bones in ice cream, and NO crying in baseball. 
With the Fifth Circuit you get the unseen finger on the scales.
Given that a significant number of Trump appointees are actively dismantling much of decades worth of Congressional lawmaking with insane rulings and unjustified delays, this hardly qualifies as “tit-for-tat.” Many of the judges were not qualified to even be on the bench, and now they are using their power to break down separation of powers and overrule Congress and the Executive. As has been pointed out numerous times by Josh and many others, rule-breakers win because rule-followers keep following the rules, even when that guarantees their loss. So, yes, Dems should have used the same reasoning and tactics used by their Republican counterparts to stop Trump (McConnell, actually) from packing the courts. That said, my memory is too short to remember if Dems even had the numbers to do so.
I thought if I read replies I would soon understand the article. Here I thought it must be dementia, what a relief.
They did, many times. But they did not control the Senate at any time during Trump’s term, so there wasn’t that much they could do. Nevertheless, a bunch of Trump nominees still got shot down by the Senate.
I am disappointed that you did not weigh in about my legal reasoning concurring with KBJ… 
Boy was I feeling dumb. “Why don’t I understand this?” I kept wondering. Then I gave up and went to the comments to see if someone explained it. And lo and behold ….
I see now I wasn’t the only one. I don’t feel so dumb now.