Chief Justice Roberts' Role in Supreme Court's Shadow Docket Revealed Through Leaked Memos
Leaked memos from 2016 have revealed Chief Justice John G. Roberts Jr.'s significant role in the Supreme Court's adoption of the 'shadow docket,' a process allowing for expedited decisions often without full briefing or oral arguments. The memos, obtained by The New York Times, show Roberts advocating for the use of this docket to block President Obama’s Clean Power Plan, citing unconventional sources like a BBC interview and an EPA blog post. This approach has been criticized for bypassing standard legal procedures and has been used to secure victories for President Trump on various issues. The memos highlight internal disagreements among justices, with Roberts dismissing proposed compromises from Justices Breyer and Kagan.