Four critical cases have reached the Supreme Court via its shadow docket in recent weeks. They touch on everything from birthright citizenship and unconstitutional deportations to funding cuts to programs the administration has labeled as “DEI” and the firing of federal employees without cause.
In each of these cases, the lower courts issued temporary restraining orders (TROs), meaning the government cannot enact its policies until the litigation is resolved; the status quo must remain in place while the courts consider their underlying legal and constitutional arguments. Though the merits of these cases are not yet at issue, in each, if the Roberts Court does not uphold the status quo — maintain birthright citizenship, require due process for deportation proceedings, and prevent unlawful, arbitrary terminations and funding cuts — it could create chaos for the lower courts and for countless Americans fighting to protect their own safety and well-being. In a dark portent of things to come, on April 4 the Court ruled on the first of these, overturning the TRO requiring the government to continue fulfilling DEI-related grants during the active litigation. It was a 5-4 decision, with Roberts joining the liberals.
The above excerpt was originally published in Talking Points Memo.
Click here to view the full article.