Post · bonfire.cafe

@heidilifeldman@mastodon.social · 15 hours ago

RE: https://mastodon.social/@heidilifeldman/116558499921978341

Finally had a chance to read Sotomayor’s dissent from the shadow docket order. She was joined by Kagan and Jackson, so all six of the justices in the tank for Trump and Republican Fascism were on board with stopping an election already underway. Opinion at https://www.supremecourt.gov/opinions/25pdf/25-243_f20h.pdf 1/ #LawFedi

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Heidi Li Feldman

@heidilifeldman@mastodon.social · 23 hours ago

Reports of a new corrupt shadow docket ruling from the Roberts Court, this time to allow Alabama to interfere with an election already underway. https://www.democracydocket.com/news-alerts/scotus-greenlights-11th-hour-alabama-redistricting-plan-for-2026-election/

I'm checking details and will share further thoughts if I have any. #LawFedi

#lawfedi

Heidi Li Feldman

@heidilifeldman@mastodon.social · 15 hours ago

The Roberts Court vacated a federal district’s injunction against an Alabama voting district map the lower court found to be unlawful on two grounds: violation of section 2 of the Voting Rights Act and violation of the 14th Amendment because the map was the product of intentional racial discrimination. 2/

Heidi Li Feldman

@heidilifeldman@mastodon.social · 15 hours ago

The Roberts Court’s recent decision in Callais only pertained to the section 2 of the VRA, not to claims of intentional racial discrimination violative of the 14th Amendment. So, even if the district court’s injunction should not survive Callais, it should remain in place because of the 14th Amendment. 3/

Heidi Li Feldman

@heidilifeldman@mastodon.social · 15 hours ago

As Sotomayor emphasizes, Callais firmly announced that it did not apply to cases of intentional racial discrimination. In fact, in Callais the Roberts Court specifically announced that its decision did not overrule Allen - and its vacatur is in Allen! 4/

Callais also insisted that this Court's prior decision in Al-
len remains good law. See id., at _ (slip op., at 36) ("[Wle
have not overruled Allen"). These cases are, of course, Allen. So if Allen i good law anywhere, then it must be good law here. — Callais also insisted that this Court's prior decision in Al- len remains good law. See id., at _ (slip op., at 36) ("[Wle have not overruled Allen"). These cases are, of course, Allen. So if Allen i good law anywhere, then it must be good law here.

Heidi Li Feldman

@heidilifeldman@mastodon.social · 15 hours ago

Let this sink in: the Roberts Court used the shadow docket to vacate a judgment in a case the Roberts Court just told us it was not overruling. If this sounds nuts, it is because it is. 5/

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