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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 supremecourt.gov/opinions/25pd… 1/ #LawFedi

Heidi Li Feldman

2026-05-11 23:19:23

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Reports of a new corrupt shadow docket ruling from the Roberts Court, this time to allow Alabama to interfere with an election already underway. democracydocket.com/news-alert…

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



Supreme Court greenlights 11th-hour Alabama redistricting plan for 2026 election - Democracy Docket

The U.S. Supreme Court (SCOTUS) has allowed Alabama to select a different map for this year’s congressional elections in a stunning, last-minute move to interfere with another state primary election that has already begun.
Democracy Docket

#lawfedi
in reply to Heidi Li Feldman

Heidi Li Feldman
mastodon - Link to source
Heidi Li Feldman
• •
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/
in reply to Heidi Li Feldman

Heidi Li Feldman
mastodon - Link to source
Heidi Li Feldman
• •
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/
in reply to Heidi Li Feldman

Heidi Li Feldman
mastodon - Link to source
Heidi Li Feldman
• •
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.
in reply to Heidi Li Feldman

Heidi Li Feldman
mastodon - Link to source
Heidi Li Feldman
• •
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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