Stephen Spaulding
@stevespaulding.bsky.social
Brennan Center at NYU Law | Used-to-be: Policy Director for Senator Amy Klobuchar + the Senate Rules Committee | VP @ Common Cause | Representative Zoe Lofgren + House Administration Committee Dems | Special Counsel at the FEC | opinions are my own 🏳️🌈
Also this - there are real harms to people when Court gets the balance wrong with its rushed and truncated irreparable harm analysis. That's because the damage is done.
Example: People are fired. Funds are frozen. People are racially profiled. And on and on.
Example: People are fired. Funds are frozen. People are racially profiled. And on and on.
November 6, 2025 at 10:10 PM
Also this - there are real harms to people when Court gets the balance wrong with its rushed and truncated irreparable harm analysis. That's because the damage is done.
Example: People are fired. Funds are frozen. People are racially profiled. And on and on.
Example: People are fired. Funds are frozen. People are racially profiled. And on and on.
In a footnote Justice Jackson makes the whole case for how poorly SCOTUS is using its emergency a/k/a shadow docket. It is being used to "cavalierly pick the winners and losers," jeopardizes procedural fairness, and thwarts "the full legal process that our judicial system requires." 3/
November 6, 2025 at 9:50 PM
In a footnote Justice Jackson makes the whole case for how poorly SCOTUS is using its emergency a/k/a shadow docket. It is being used to "cavalierly pick the winners and losers," jeopardizes procedural fairness, and thwarts "the full legal process that our judicial system requires." 3/
eastern standard time in Shenandoah National Park this weekend 🍂
November 3, 2025 at 2:50 AM
eastern standard time in Shenandoah National Park this weekend 🍂
Spotted in Dupont Circle. And it’s true, trust in SCOTUS is hovering at record lows. 🪦🎃
October 31, 2025 at 3:37 PM
Spotted in Dupont Circle. And it’s true, trust in SCOTUS is hovering at record lows. 🪦🎃
For example, we've highlighted how Justices have criticized how the Court has been using the shadow docket to destabilize the law in ways it never should.
For example, from Justice Jackson's dissent in Trump v. AFGE: 6/
For example, from Justice Jackson's dissent in Trump v. AFGE: 6/
October 21, 2025 at 9:01 PM
For example, we've highlighted how Justices have criticized how the Court has been using the shadow docket to destabilize the law in ways it never should.
For example, from Justice Jackson's dissent in Trump v. AFGE: 6/
For example, from Justice Jackson's dissent in Trump v. AFGE: 6/
Judge Graber of the 9th Circuit with a stark message -- this is the case about the deployment of National Guard troops in Portland.
"Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer." storage.courtlistener.com/recap/gov.us...
"Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer." storage.courtlistener.com/recap/gov.us...
October 21, 2025 at 1:46 PM
Judge Graber of the 9th Circuit with a stark message -- this is the case about the deployment of National Guard troops in Portland.
"Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer." storage.courtlistener.com/recap/gov.us...
"Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer." storage.courtlistener.com/recap/gov.us...
🚨And Justice Jackson calls out the continued "grave misuse" of the emergency a/k/a shadow docket and its "repeated, gratuitous, and harmful interference in the lower courts while lives hang in the balance."
October 3, 2025 at 9:14 PM
🚨And Justice Jackson calls out the continued "grave misuse" of the emergency a/k/a shadow docket and its "repeated, gratuitous, and harmful interference in the lower courts while lives hang in the balance."
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.”
September 26, 2025 at 8:55 PM
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.”
September in DC
September 16, 2025 at 12:06 AM
September in DC
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.
They are worth remembering in these times.
September 4, 2025 at 9:08 PM
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.
They are worth remembering in these times.
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.
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.
September 2, 2025 at 4:09 PM
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.
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
August 31, 2025 at 7:44 PM
"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
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.
August 26, 2025 at 1:33 PM
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.
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.
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.
August 18, 2025 at 11:30 PM
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.
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.
States and Congress have authority to set rules for federal elections. Not the president.
August 18, 2025 at 4:07 PM
States and Congress have authority to set rules for federal elections. Not the president.
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.”
🎼🎶🎵“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.”
August 15, 2025 at 1:32 AM
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.”
🎼🎶🎵“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.”
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.
@pelosi.house.gov, @lofgren.house.gov, and former Rep. John Sarbanes led the effort, but the Senate filibuster thwarted final passage.
August 12, 2025 at 8:36 PM
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.
@pelosi.house.gov, @lofgren.house.gov, and former Rep. John Sarbanes led the effort, but the Senate filibuster thwarted final passage.
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.
July 29, 2025 at 1:40 AM
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).
July 28, 2025 at 10:09 PM
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.
July 25, 2025 at 1:21 PM
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 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.
July 22, 2025 at 3:11 PM
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
July 21, 2025 at 2:10 AM
last night’s sunset
“pity the nation”
July 19, 2025 at 5:42 PM
“pity the nation”
Justice Sotomayor, writing on behalf of herself, Justice Kagan, and Justice Jackson, dissents -- noting that 🚨 "[w]hen the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary's duty to check that lawlessness, not expedite it."
July 14, 2025 at 8:11 PM
Justice Sotomayor, writing on behalf of herself, Justice Kagan, and Justice Jackson, dissents -- noting that 🚨 "[w]hen the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary's duty to check that lawlessness, not expedite it."
Two polls over the weekend took a look at public opinion on the Supreme Court.
Reuters/Ipsos found that Americans do not view SCOTUS as politically neutral. Meanwhile its favorability—which ticked up slightly at the start of the Trump administration—is going down. www.reuters.com/world/us/ame...
Reuters/Ipsos found that Americans do not view SCOTUS as politically neutral. Meanwhile its favorability—which ticked up slightly at the start of the Trump administration—is going down. www.reuters.com/world/us/ame...
June 16, 2025 at 1:07 PM
Two polls over the weekend took a look at public opinion on the Supreme Court.
Reuters/Ipsos found that Americans do not view SCOTUS as politically neutral. Meanwhile its favorability—which ticked up slightly at the start of the Trump administration—is going down. www.reuters.com/world/us/ame...
Reuters/Ipsos found that Americans do not view SCOTUS as politically neutral. Meanwhile its favorability—which ticked up slightly at the start of the Trump administration—is going down. www.reuters.com/world/us/ame...