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Most Supreme Court Rulings Are Secretive Votes with Little Justification
- hn_acker 3mo agoThe full title is: > A Troubling Milestone: Most Supreme Court Rulings Are Secretive Votes With Little Justification
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- egberts1 3mo agoLittle 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.