Article 5NZMS The supreme court is deciding more and more cases in a secretive ‘shadow docket’ | Moira Donegan

The supreme court is deciding more and more cases in a secretive ‘shadow docket’ | Moira Donegan

by
Moira Donegan
from on (#5NZMS)

These emergency rulings - short, unsigned and issued without hearing oral arguments - undermine the public's faith in the integrity of the court

Last week, it was Remain in Mexico. On Tuesday, the supreme court issued an order requiring the Biden administration to reinstate the Trump-era policy that required asylum seekers from Central America to stay across the border in Mexico while their claims are adjudicated. It was an uncommonly aggressive intervention into foreign policy, an area where previous courts have preferred a light touch, and it posed massive logistical, diplomatic and humanitarian crises at the border that will need to be rapidly resolved if the Biden administration is to comply with the order.

Two days later, it was the eviction moratorium. On Thursday, the court blocked an extension of the federal emergency ban on evictions, gutting a 1944 law that gave the CDC the authority to implement such measures to curb disease, and endangering the 8m American households that are behind on rent - who now, without federal eviction protection, may face homelessness.

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