Another Friday, another shadow docket decision from SCOTUS. Note too Justice Kagan’s sharp critique of the Court barreling its way to a decision “with scant briefing, no oral argument, and no opportunity to deliberate in conference.”

The last remaining Republican FEC Commissioner is resigning on October 3, making it the fourth vacancy of the six-member Commission. The FEC hasn't had a quorum since May, so there won't be a big difference in how the agency has been running. www.washingtonexaminer.com/news/washing...

Yup.

SCOTUS is doing this via its shadow docket to revisit Humphrey's Executor - a 90 year old precedent about presidential power. As Justice Kagan writes in dissent, "[o]ur emergency docket should never be used, as it has been this year, to permit what our own precedent bars." 1/

On the fifth anniversary of Justice Ginsberg's death, a reminder of something she once said. "We are not experiencing the best of times. I am optimistic in the long run. A great man once said the true symbol of the United States is not the bald eagle. It is the pendulum." 1/

Justice Brett Kavanaugh defended the Supreme Court’s use of unexplained emergency orders. Here’s why he’s wrong: bit.ly/4mzvX0p

September in DC

I miss the powerful voice of Representative John Lewis and his visionary leadership of peace and nonviolence, especially today. Re-read his last op-ed.

#SCOTUS all-but overruled a unanimous, 90-year-old precedent through an unexplained "administrative" stay this morning, and that's only the second-most-problematic thing it did before lunchtime.

RFK - the elder - wrote some beautiful words that Ted Kennedy quoted when he gave his brother’s eulogy in 1968. They are worth remembering in these times.

This is a remarkable article. Federal judges are increasingly speaking out against SCOTUS’s approach to the shadow docket. This isn't typical & underscores the impossible position for lower courts when SCOTUS makes new law on its emergency docket – especially when it doesn’t explain its rulings. /1

The morning’s political newsletters were full of reporting on Senate GOP plans to go nuclear on changing the rules for confirming nominees. Here are the latest stats on how the president’s nominees are faring, per @washingtonpost.com + @ourpublicservice.bsky.social stats—about on par with Biden.

"Some days in late August at home are like this, the air thin and eager like this, with something in it sad and nostalgic and familiar..."—William Faulkner, The Sound and the Fury

"DOGE Put Critical Social Security Data At Risk, Whistleblower Says" But for the Supreme Court's June shadow docket decision allowing DOGE to access sensitive Social Security Administration records, this wouldn't have happened. www.nytimes.com/2025/08/26/u...

A reminder that the Supreme Court went out of its way to signal special treatment for the Federal Reserve's removal protections in a brief shadow docket decision in May when it greenlit the firing of members of other independent agencies.

POTUS is now threatening to sue over the Senate's blue slip procedures (where home state Senators signal their support/opposition to a judicial nominee). Courts are unlikely to interfere in an internal (and informal) Senate committee procedure. news.bloomberglaw.com/daily-labor-...

@bartongellman.bsky.social in today’s @nytimes.com on Trump’s botched mail-in voting power grab: “We hold the power, whatever our partisan preferences, to defend checks and balances and the rule of law. We cannot lose that power unless we surrender it.” www.nytimes.com/2025/08/24/o...

Strong piece by @klobuchar.senate.gov AI has gotten ahead of the law. Enormous consequences ahead if left unaddressed. She discusses a deepfake of herself that went viral—viewed more than 1.5M times. (@X refused to take it down, or even label it.) www.nytimes.com/2025/08/20/o...

Who has the power to set rules for federal elections, according to the U.S. Constitution? States ✅ Congress✅ President ❌ @wendyweiser.bsky.social explains more on @npr.org, including how vote-by-mail has multiple layers of protection so that only eligible Americans vote.

Chief Justice Roberts says SCOTUS is the “most transparent branch.” But on its shadow docket, the Court is greenlighting efforts to shutter the Department of Education, deport people, and ban trans troops among other things—without saying why. @aliciabannon.bsky.social on the stakes below.

The president is threatening to end mail-in voting—a power he lacks. Here’s how many mail-in ballots were cast and counted in your state in the 2024 election, according to indispensable data from the bipartisan Election Assistance Commission.

Trump's proposed executive order on elections is flatly illegal & unconstitutional. Presidents have no lawful role in running elections. Only the states and Congress do. Courts have already rejected his prior elections EO on this basis. This claim of authority to take over elections is chilling.

States and Congress have authority to set rules for federal elections. Not the president.

Election officials use many checks to ensure that mail voting is secure. Get the facts: www.brennancenter.org/our-work/res...

Beautiful harmony tonight at The Library of Congress. 🎼🎶🎵“Don’t judge your neighbor, unless you’re looking in the mirror. “It doesn’t matter one bit if they didn’t come from here.” “Feed the hungry. You might be hungry one day too.” “Not every person on this planet is as fortunate as you.”

Looking forward to joining WPFW in DC at the top of the hour to talk about SCOTUS and its role in our constitutional system. wpfwfm.org/radio/

The House of Representatives passed bills to ban partisan gerrymandering and mid-decade redistricting—like we're seeing in Texas—multiple times. @pelosi.house.gov, @lofgren.house.gov, and former Rep. John Sarbanes led the effort, but the Senate filibuster thwarted final passage.

The Trump administration is interfering in our elections in unprecedented ways, all while the federal government is retreating from its role in protecting them. Learn more: bit.ly/4l1lUPP

Supreme Court Fast-Tracks Potential Demolition of Section 2 of Voting Rights Act by Setting Argument October 15 in Louisiana Case, Possibly in Time to Affect 2026 Midterm Elections electionlawblog.org?p=151533

🚨BREAKING: The Supreme Court has set re-argument in the Louisiana racial gerrymandering/now VRA case for Wednesday, October 15.

The DISCLOSE Act—which would require dark money groups to disclose contributions of $10k+—passed the House in 2010 and came within one vote of defeating a Republican filibuster. It's since passed the House multiple times in democracy packages. www.nytimes.com/2025/08/12/u...

For the first time ever, the court’s approval rating dipped below 40%, the Gallup poll found.

Citizens United (striking down ban on corporate campaign spending) ➡️ Shelby County (gutting the Voting Rights Act) ➡️ McCutcheon (letting mega donor $ flood elections) ➡️ Rucho (greenlighting partisan gerrymandering) It’s all connected. In Election Cases, Supreme Court Keeps Removing Guardrails

I have some thoughts to share on why Anthony Kennedy bears responsibility for the looming redistricting madness nationwide. From over at the other place… x.com/kareemcrayto...

60 years ago today, LBJ signed the Voting Rights Act. It has since been gutted by SCOTUS & is on the brink of further destruction. Where do we go from here? Come hear me discuss with historian @alexkeyssar.bsky.social, congresswoman @repnikema.bsky.social & an attorney @nativerights.bsky.social

Wow. Literally deleting history. 🚨It’s worth pointing out that Chief Justice John Roberts — who presided over one of Trump’s two impeachment trials — is Chancellor of the Smithsonian. www.washingtonpost.com/entertainmen...

Senate Rs are reportedly considering rules changes to address “historic obstruction” of Trump noms. But remember when Senator Tuberville blocked 400+ military noms for months? I do.

Three problems with the Supreme Court’s shadow docket, per NYT ed board: 1️⃣ No explanation of the Court’s decision results in a guessing game as to its scope and applicability, which... 2️⃣ Accelerates the perception of partisanship on the high court, including how it… 3️⃣ Aggrandizes its power.

BREAKING: Senators just reintroduced the John Lewis Voting Rights Advancement Act. The bill would restore and strengthen the Voting Rights Act of 1965 — ensuring every voter is protected against racial discrimination at the polls.

Turned on CSPAN and listened as Mary T, a 97-year old voter from Harris County, TX, testified tonight against efforts to gerrymander Texas’ congressional maps.

As the annual August recess exodus gets critiqued, let’s stipulate that the confirmation process is broken. It has been for a long time. But facts are facts: the president’s nominees are on pace with those of his predecessor (h/t @washingtonpost.com/Partnership for Public Service tracker).

Yesterday Justice Kagan talked about the “most important thing” she had to say about the shadow docket: how it deprives litigants, judges, and the public of the Court’s rationale, using as an example SCOTUS’ order that greenlit the dismantling of the Department of Education.

The Supreme Court has yet again used the shadow docket to bless one of the president's power grabs, with little to no explanation or reasoning except to cite an earlier shadow docket decision. www.supremecourt.gov/opinions/24p...

This is excellent and critical from @americanprogress.bsky.social --> Mapping Federal Funding Cuts to U.S. Colleges and Universities www.americanprogress.org/article/mapp...

Important new @justsecurity.org resource that tracks the erosion of anti-corruption oversight and accountability measures.

"There are voters like me who followed the rules, provided all the information election officials asked for when they registered to vote…. Please, do not remove the voices of registered North Carolina voters." - Mary Kay Heling, North Carolina voter www.brennancenter.org/our-work/ana...

The Supreme Court left a sweltering DC for its summer recess nearly a month ago, and there's been a fabulous (and overwhelming?) amount of astute commentary about what the Court did and did not do. Here's a roundup of some of the takes I found particularly interesting. 🧵

The House is adjourning for its August recess a day early -- last votes are now going to be tomorrow, and next votes will not be until September 2, 2025.

last night’s sunset

“pity the nation”