
The post title was inspired by Sam the Sham Alito’s shadow docket concurrence in the Texas gerrymander case. He claimed that the map couldn’t be rejected because we’re on the eve of the 2026 election. Say what? It’s not for eleven months.
I know all about eves and Alito’s claim wouldn’t pass muster with Margo Channing or anyone outside of the MAGA bubble. That’s exactly where the six Republican appointees are on most issues. You say bubble. I say bag. Let’s call the whole thing off.
We’ve already past the eve of corruption, headed toward a judicial Eve Of Destruction. The MAGA Six climbed into the MAGA bag with the immunity decision, which gave an arsonist a flamethrower. They’ve stuck their heads outside a few times but on issues involving elections, they’re in the bag for the Kaiser Of Chaos. One could even say that SCOTUS got a brand new bag:
The MAGA Court has a skewed view of its job. In the Chief Justice’s memorable phrase, they’re supposed to be referees not participants in the political fray. Roberts said that in 2005, twenty years later, he’s trying to save the GOP from a wave election in 2026. It’s past time to throw a penalty flag on the MAGA Court’s egregious corruption.
Back to Justice Alito. I dig how Slate legal eagle Mark Joseph Stern characterized his shady shadow docket concurrence on the Amicus podcast:
Alito says he thinks the plaintiffs are wielding false claims of racism to help Democrats, suggesting that they don’t really care about the allegedly unconstitutional racial discrimination at play here. So note the trick: The mostly white politicians who drew this gerrymander get the presumption of good faith. But the racial minorities who challenged the gerrymander as a violation of their constitutional rights? They get treated like bad-faith partisans who are presumptively lying. That is the only framework through which the Supreme Court’s decision and the Alito concurrence make any lick of sense.”
The only thing that the MAGA Six licks is Trump’s ass. It’s a gross image, but what can you expect from Trump and Bush appointees? Dubya shares the blame for the state of SCOTUS: the Roberts and Alito appointments are on him and Kavanaugh was a senior member of his White House staff. The so-called unitary executive is their jam. They’re currently jamming it down our throats to benefit President Pennywise’s authoritarian agenda.
Let’s talk shadow docket. The term was coined in 2015 by University of Chicago law professor William Baude. It refers to orders issued by SCOTUS without briefs or hearings. The shadow docket is supposed to be restricted to time sensitive cases and administrative matters, but its substantive use has exploded under John Roberts. It’s another thing we can blame on him.
The sorry state of SCOTUS is one of the most depressing aspects of our current situation. I’m a Supreme Court history buff who counts among his heroes Robert Jackson, Hugo Black, and William Brennan. I also have a sneaking fondness for Justice John Marshall Harlan who dissented from many Warren Court cases. Harlan was a true conservative who respected precedent and the powers of the legislative branch. The MAGA Six are right-wing radicals, not conservatives, corrupt radicals to boot.
One of the Insult Comedian’s favorite words is RIGGED. That’s what he’s done with our legal system: the DOJ and SCOTUS are in his pocket. The featured image sums up the state of both institutions in 2025: They do the wannabe king’s bidding while destroying their own reputation. They’ve moved past the eve of corruption and on to the eve of destruction.
The last word goes to Barry McGuire followed by The Turtles:
