Historical roots: presidential first-mover advantage

In a dramatic leak, The New York Times has published seven private memos from a 2016 exchange between Supreme Court Justices leading up to the now-famous interim order that blocked President Obama's "Clean Power Plan." The Times’s lopsided framing accuses Chief Justice Roberts of being flippant and taking unprecedented action. But the so-called "shadow docket" has been used more broadly to shut down both rampant Biden-era lawfare and Trumpian overreach. This week, the guys detail how the courts of both law and public opinion have been changing in the era of the imperial presidency.

Recommended:

The Inside Story of Five Days That Remade the Supreme Court

Leaked Supreme Court Memos Reveal Why Court Stayed Clean Power Plan

The Pity Party

Watch with video on Youtube

This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit claremontinstitute.substack.com/subscribe