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Supreme Court's Shadow Docket Threatens Constitutional Checks

7/19/2025

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Summary

Story summary

Michael Waldman, CEO of The Brennan Center, warns that the Supreme Court's conservative supermajority is enabling President Trump to erode federal agencies using the "shadow docket." This tactic, exemplified by the McMahon v. New York case, allows Trump to sidestep Congress, posing a significant threat to the foundational checks and balances of our Constitution.

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Story summary

Michael Waldman, CEO of The Brennan Center, warns that the Supreme Court's conservative supermajority is enabling President Trump to erode federal agencies using the "shadow docket." This tactic, exemplified by the McMahon v. New York case, allows Trump to sidestep Congress, posing a significant threat to the foundational checks and balances of our Constitution.