8 pointsby hn_acker6 hours ago3 comments
  • hn_acker6 hours ago
    The full title is:

    > A Troubling Milestone: Most Supreme Court Rulings Are Secretive Votes With Little Justification

  • 5 hours ago
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  • egberts14 hours ago
    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.