9 points | by hn_acker 9 hours ago
3 comments
The full title is:
> A Troubling Milestone: Most Supreme Court Rulings Are Secretive Votes With Little Justification
Little Sisters v United States became that inflection point around late 2013 to early 2014.
The mechanism: emergency injunctions against executive implementations.
The “switch” was not Congress changing SCOTUS authority. It was the Court becoming more willing to use existing tools:
* Supreme Court Rule 22 emergency applications
* All Writs Act (28 U.S.C. §1651)
* stay/injunction authority pending appeal
The important doctrinal shift was that the
Old model:
“We need to prevent irreversible harm while the courts finish deciding.”
Emerging model:
“We will temporarily block a major government policy while litigation continues.”
That distinction is what later became controversial.
Several forces converged:
ACA litigation created repeated emergency applications
The Affordable Care Act produced many disputes where:
* federal agencies were implementing rules,
* plaintiffs sought immediate relief,
* district courts and circuits disagreed.
Little Sisters (2013-2014) became THAT template, not the Clean Power Act of 2016.
The full title is:
> A Troubling Milestone: Most Supreme Court Rulings Are Secretive Votes With Little Justification
Little Sisters v United States became that inflection point around late 2013 to early 2014.
The mechanism: emergency injunctions against executive implementations.
The “switch” was not Congress changing SCOTUS authority. It was the Court becoming more willing to use existing tools:
* Supreme Court Rule 22 emergency applications
* All Writs Act (28 U.S.C. §1651)
* stay/injunction authority pending appeal
The important doctrinal shift was that the
Old model:
“We need to prevent irreversible harm while the courts finish deciding.”
Emerging model:
“We will temporarily block a major government policy while litigation continues.”
That distinction is what later became controversial.
Several forces converged:
ACA litigation created repeated emergency applications
The Affordable Care Act produced many disputes where:
* federal agencies were implementing rules,
* plaintiffs sought immediate relief,
* district courts and circuits disagreed.
Little Sisters (2013-2014) became THAT template, not the Clean Power Act of 2016.