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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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/
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/
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/
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/
