This Supreme Court Will Stop At Nothing to Save Donald Trump
Summary
Hawk analyzes a recent unsigned Supreme Court shadow docket order that lifts an injunction on Trump’s mail-in voting executive order. The ruling is procedural, affirming the president’s Article 2 authority to direct executive agencies without addressing the order’s substantive legality. Dissenting justices argue the states face imminent injury, while experts note a separate Massachusetts injunction remains in effect. Consequently, the executive order is unlikely to impact the upcoming midterms due to time constraints and ongoing litigation.
Topics discussed
Introduction and overview of the Supreme Court shadow docket order
Procedural nature of the order and removal of lower court injunction
Details of the executive order: DHS, DOJ, and Postal Service directives
Standing argument: why states lack injury to challenge the order
Context of Trump's second term and ongoing attacks on voting
Clarification that the decision is not final and other cases remain
Justice Jackson's dissent and the concept of irreparable harm
Summary of Article 2 powers and the distinction from substantive legality
Analysis of Sotomayor and Kagan's dissent on justiciability and injury
Critique of the majority's lack of situational awareness regarding elections
Public reaction and expert commentary on the decision's legitimacy
Expert confirmation that the order is purely procedural
Practical implications: why the order cannot be implemented before midterms
Constitutional analysis: lack of presidential power over elections in Article 2
Timeline issues and the impact of the separate Massachusetts injunction
Steve Vladeck's analysis: why the ruling may be mooted by tomorrow
Conclusion: correcting misconceptions about the scope of the Supreme Court win
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