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.

Full opinion and dissent isn't on SCOTUS's website yet, but you can read it here: www.documentcloud.org/documents/26...

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/

Justice Jackson, joined by Justices Sotomayor and Kagan dissent, noting how "as is becoming routine, the Government seeks an emergency stay of a District Court’s preliminary injunction pending appeal. As is also becoming routine, this Court misunderstands the assignment." 2/

We'll be keeping this updated as events warrant. So bookmark it. End/ www.brennancenter.org/our-work/res...

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/

There's been a dizzying number of decisions since January, and you can use this resource to track the ones having to do with Trump administration policies.

You can use this tracker to see if the Trump administration won or lost, whether the Court provided any explanation, and more. 5/

And since shadow docket decisions are usually silent as to the Supreme Court majority's rationale or reasoning - any explanation is usually quite scant - lower courts and the public are left guessing as to what the heck is going on. 4/

These decisions can have the practical effect of upending people's lives. Once public servants are fired, or scientific research is halted, or people are mistakenly kicked out of the country, it's not enough to say "well in a few years we'll be able to make people whole." Because you can't. 3/

In so doing, it's greenlighting executive power grabs like efforts to slash important agencies like the Department of Education, fire heads of independent, bipartisan commissions like the one that protects consumers, and freeze scientific research dollars. 2/