Originally published at: You Say The Supreme Court Isn’t Partisan? Look in the Shadow
This article is part of TPM Cafe, TPM’s home for opinion and news analysis. As the Supreme Court wrapped up its term last June, USA Today ran an op-ed entitled, “Do you think the Supreme Court is partisan? Well you’re wrong.” It was quite serious, apparently a defense of the Supreme Court by a conservative…
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The problem is that the shadow docket is treated as though the court has ruled on the merits.
Look at immigration arrests and probable cause. An injunction against using ethnicity to determine whether some one is a US citizen or not, is treated a law and still allowed. Even though the shadow docket simply refused to uphold the injunction.
The fear of being overruled has taken hold of our institutions. Every ICE agent who uses ethnicity and language as probable cause should be arrested for harassment, illegal arrest and detention.
Let there be a stand off between local police and ICE agents. Let’s see in real time whether ICE agents actually respect the law and will go peacefully when detained or if they will show their true colors as nothing more than an armed mob.
(edited to slightly soften the tone)
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I say precedent, not president.
Only the naive or deluded would believe that there is no “partisan” bent on this Court. It is a majority of completely partisan people, masquerading as independent arbiters. Please make it stop.
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This piece is well reasoned and provides an excellent view of the current state of the GOP supermajority Supreme Court. If anything, it’s almost too careful in its analysis of the Court.
The MAGA 6 supermajority are partisan henchmen for the GOP and it’s silly to think otherwise.
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This is an excellent post. Just reading Shadow Docket by Steve Vladeck, The amount of times this court has used it is without parallel in history. Rather than taking up the issue the normal way with the full court involved, they side step it and often times they issue only a paragraph and sometimes no comments leaving the lower courts in a position of guessing about the Supreme’s intent. Additionally, the shadow docket bypasses the natural order of the court where they review and discuss the policies and laws at hand. BEFORE ruling. It is a flippant court and completely biased toward the GOP.
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Pro fascism, Trump is just the vessel.
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I think local police more often than not would side with ICE.
I’d say they (the 5 men in particular) are fundamentally anathema to law. They have no allegiance to the law of this or any other land. Partisan, idealogue, both are far, far, too generous to those men, their allegiance is to power and what it can do for them.
That quote from Stephen Miller misses the whole, entire, and complete Reason why there was an American Revolution, the point of the spear, the enlightenment that sparks in the hearts of some few humans and Declares that we are not forever Base Animals raising that femur in violent contest, that might does Not make Right.
Miller and his adherents in the White House and in the Courts have missed the lessons, from two World Wars and countless “local” wars, that Might only Makes Misery.
How many people died during WWI, how many died in the flu epidemic that swept the globe in the aftermath, how many died in the fervent embrace of Hitler’s insanity and hate, Miller’s Iron Law?
And these people, all of them, from Trump to Rubio to Bondi to Loomer to Homan to Ross to Grassley and Graham, to Alito and Gorsuch and all the rest, think Might will make us right?
That Anarchy and Chaos can be contained and Transactionalized into some glorious shining City on the Hill where they Rule Supreme in leisure and luxury?
Somehow, we need to climb out of the cesspool that is our government, and restore the belief that life can be better than what these miserable, horrible, sociopaths see.
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What is the difference between ICE agents in 2025 and Gestapo agents in 1938 Germany?
The Gestapo agents did not wear masks.
Let’s hope it doesn’t come to that. I have some degree of hope that you are wrong, though. ICE and CBP in Minneapolis are harassing off-duty police who fit into their profiles of people who need to be harassed. Cops tend to hang together: the thin blue line seems stronger than ethnicity in many cases. If other cops are aware of what’s going on they might think twice about siding with ICE.
Amen, amen.
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