Stephen Spaulding

Supreme Court Abuse of the Shadow Docket Under Trump The Court has sided with the administration 80 percent of the time when making “emergency” rulings, often without revealing its reasoning.

NEW from @brennancenter.org’s Ashleigh Maciolek and @aliciabannon.bsky.social — Supreme Court Abuse of the Shadow Docket Under Trump

Today marks 3 years since Karen Hobert Flynn passed away. She was a dear friend who led Common Cause. It’s still hard to comprehend how someone so full of life can disappear. Her leadership lives on through the fight to defend democracy. We will win. Thinking of her family & friends tonight.

"The framers [of the 14th Amendment] constitutionalized the universal view of birthright citizenship that free Black Americans advanced and the common law guaranteed."

@marthasjones.bsky.social and @katemasur.bsky.social provide a powerful history lesson in the form of a legal brief

FYI the U.S. Senate's "Bipawtisan Doggi Gras Pawrade" that took place in the Hart Senate Office Building yesterday was duly authorized by S. Res. 611, which passed the Senate by unanimous consent on February 12.

The Politics of Judicial Elections 2023-24 Spending hit new highs, fueled largely by interest groups and battles over abortion rights.

Just published my analysis of spending in the 2024 state supreme court election cycle. At $157 million, this was the most expensive cycle ever for judicial races…by a lot. Including in states where judicial elections probably weren’t on your radar.

“But he probably isn’t happy with the drip-drip-drip of public perception — reflected in polls and social media chatter — that the court was handing the president a blank check.”

Linda Greenhouse notes that when it comes to the shadow docket - where the Court repeatedly stayed lower court orders blocking Trump power grabs - “Chief Justice Roberts was usually in the majority on these unsigned and generally unexplained orders; obviously he thought the stays were called for.”

Opinion | John Roberts Is Losing Patience With Trump

“John Roberts Is Losing Patience With Trump” www.nytimes.com/2026/02/24/o...

The SAVE Act could block millions of Americans from voting. It is not common sense. If passed, it would be the first time in history Congress passed a vote suppression law. #SOTU

Millions of Americans Don’t Have Documents Proving Their Citizenship Readily Available Requiring Americans to prove their citizenship to register to vote would exclude millions of citizens from the political process.

The SAVE Act requires documents like a passport or a birth certificate to vote. Our research shows that 21 million American citizens don't have these documents readily available. #SOTU www.brennancenter.org/our-work/ana...

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New SAVE Act Bills Would Still Block Millions of Americans From Voting The “show your papers” requirement is an attack on the freedom to vote.

The new SAVE Act’s “show your papers” requirement is a direct attack on the freedom to vote. bit.ly/4rA2p4R

Supreme Court Strikes Down President Trump’s Tariffs; Brennan Center Reacts Court held in Learning Resources v. Trump that the president exceeded his authority under the International Economic Emergency Powers Act.

SCOTUS tariffs ruling "is a victory for the rule of law," says @lizagoitein.bsky.social. Emergency laws like IEEPA "give presidents vast powers that are highly vulnerable to abuse." The Court stopped Trump from stretching them beyond what Congress intended.

Strategic Retirements Hurt the Supreme Court. Term Limits Would End Them. Justices timing their exits to happen under a particular president undermines trust in judicial impartiality.

Lots of people are speculating that Justice Alito will retire in the coming months. Here's why strategic retirements hurt the Supreme Court, and why Supreme Court term limits would end them. www.brennancenter.org/our-work/ana...

Check out @kasiawolfkot.bsky.social’s new piece on how state courts are a bulwark against authoritarianism

Opinion | Trump Can’t Cancel Elections. He Could Undermine Them.

“It’s election subversion, not cancellation, that is the real authoritarian move. The goal is to keep elections going but without unseating those in power.”— @brennancenter.org’s @seanmorales-doyle.bsky.social in the @nytimes.com www.nytimes.com/2026/02/12/o...

State supreme court justices play a critical role in adjudicating rights and freedoms. Unlike at the federal level, many of these judges are facing the voters. Read about the key races below ⬇️

Today the White House announced two Republican nominees to the @FEC. When confirmed, they’ll restore a quorum to the agency—so there’ll be 2 Dems and 2 Rs, albeit with two vacancies (an additional R and D) still to be filled.

Video As midterms loom, the Republican-backed SAVE Act could affect 21 million voters ABC News’ Stephanie Ramos spoke with Sean Morales-Doyle of the Brennan Center for Justice about how the President Trump-backed SAVE Act could block millions of Americans from voting.

On ABC News Live, @seanmorales-doyle.bsky.social explains the impact of the SAVE Act’s proof-of-citizenship requirement:
“21 million Americans that lack ready access to these documents is more than the entire eligible voting population in the state of Texas."
abcnews.com/video/130042...

Justice Jackson, responding to the unpopularity of Citizens United: “What I’m heartened by is the engagement of the American people with our legal system. That’s what’s important for maintaining the rule of law.”

Yesterday Justice Jackson was asked if she had confidence in our courts to defend free & fair elections in light of Trump’s comments on nationalizing elections and the FBI’s seizure of 2020 ballots in Fulton County. She replied that she has absolute confidence in our courts.

Yesterday on The View, Justice Jackson was asked about how SCOTUS has expanded presidential power with the immunity decision and greenlit presidential power grabs by way of the shadow docket. Here’s her response—and how she’s speaking to the public through her dissents.

New SAVE Act Bills Would Still Block Millions of Americans From Voting The “show your papers” requirement is an attack on the freedom to vote.

The House is going to vote next week on a really bad bill that would make it harder to vote for millions of people.

My @brennancenter.org colleagues explain the situation here.

(You might also consider calling your Member and telling them to vote NO.)
www.brennancenter.org/our-work/ana...

States have more power than many people realize to prosecute federal law enforcement for violations of state criminal law. I wrote about the legal framework governing these prosecutions in @statecourtreport.org. statecourtreport.org/our-work/ana...

Some thoughts on the FBI’s raid of the Fulton County, GA election offices, seizing reams of sensitive voting records from 2020. We don’t yet know the justification, but there’s ample reason to be skeptical. There’s also ample reason to be alarmed; this escalation is dangerous. /1

This is Dupont this morning—Wednesday, January 28. #DC ❄️

Minnesota judge summons ICE leader to court, threatens contempt sanctions The chief judge, a George W. Bush appointee, said the administration had repeatedly violated or slow-walked court orders in Minnesota.

"This is one of dozens of court orders with which respondents [DHS + ICE] have failed to comply in recent weeks. ... The court's patience is at an end."—Judge Shiltz, ordering the head of ICE to appear in his courtroom on Friday.

From @kylegriffin1.bsky.social

Read Bondi’s Letter to Minnesota’s Governor Attorney General Pam Bondi sent a letter to Gov. Tim Walz of Minnesota on Saturday that blamed him and other Democratic officials for allowing “lawlessness” in the state. It was not immediately clear ...

Yesterday, AG Pam Bondi sent a remarkable & telling letter to MN Governor Tim Walz in response to his plea that the administration stand down its mobilization of ICE in the wake of the violent killing of Alex Pretti. Bondi’s letter underscores clear abuses of power. www.nytimes.com/interactive/...

And now Alex Pretti is being called a domestic terrorist by Stephen Miller. This should be no surprise at this point - it’s part of a playbook that strips the word of its meaning and facilitates the targeting of people who oppose the administration’s policies. www.cnn.com/us/live-news...