This End Of Term At SCOTUS Is Unlike Any Other in History

The end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, end. And even when the shadow docket cases are decided, there is no real law that emerges, just a few lines of unsigned chicken scratch. Beyond the big merits cases concerning everything from birthright citizenship to healthcare for trans minors to racial gerrymandering to defunding Planned Parenthood, and beyond the brief, unbriefed, unargued emergency docket cases, the Supreme Court’s conservatives are in a power struggle with the very president they crowned quasi-king.

In a conversation recorded live on Friday at the WBUR Festival in Boston, Mark is joined by Professor Jed Shugerman of Boston University Law School, where they discuss the bad originalism and poor judgment that led to the Roberts’ court’s embrace of a little something called unitary executive theory that has become the Trump administration’s carte blanche.

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