POLITICS

Conservative Supreme Court Justices Keep Showing Us Who They Are

Why won’t Democrats believe them?

Marlon Weems
GEN
Published in
5 min readAug 30, 2021

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Protesters hold signs during a rally to prevent Massachusetts evictions in October. Photo: Matt Stone/ MediaNews Group/Boston Herald

Late Thursday night in a 6–3 decision, the Supreme Court (SCOTUS) struck down the Centers for Disease Control and Prevention (CDC) moratorium on evictions, ruling the public health agency exceeded its authority. The court’s decision to overturn the federal eviction moratorium, with as many as 6.5 million households on the verge of eviction, occurred during what is known as the court’s “shadow docket.”

For those unfamiliar with this area of SCOTUS activities and why this decision is problematic, the ACLU’s David Cole wrote about the dangers of the shadow docket in a Washington Post opinion piece last August:

[I]n a much less visible area of its work, commonly known as the “shadow docket,” the court has increasingly split along party lines. Every year, the court considers emergency motions for stays of lower-court orders. It decides these cases without oral argument, often in a matter of days or even hours. In such cases, it typically offers no explanation for its reasoning, even when dissenting justices voice serious objections, and even when the court is effectively overturning the unanimous decisions of lower courts.

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Marlon Weems
GEN
Writer for

Storyteller. I write about American culture and growing up Black in the South.