Tonight, an extraordinary order, opinion, and dissent make explicit that the ongoing cold Second American Civil War is raging at the U.S. Supreme Court, as it is throughout the U.S. 1/ #LawFedi
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:23:36 JST
Heidi Li Feldman
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:24:02 JST
Heidi Li Feldman
There are almost no times when the Supreme Court has not followed this rule. But the Callais plaintiffs applied to the Court to have the judgment certified right now and tonight the Court ordered this to happen, trying to quash ongoing lawsuits filed to prevent Louisiana’s governor from cancelling the election, a result in no way required by Callais itself. 3/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:24:02 JST
Heidi Li Feldman
All of this has happened on the shadow docket. So the Roberts Court has ok’d election cancellation without merits briefing, oral argument, etc.
This would be extraordinary and pernicious enough. But because Justice Ketanji Brown Jackson dissented and pointed out how exceptional and dangerous the Court’s order is, Alito, joined by Gorsuch and Thomas, wrote an opinion basically calling her uppity. 4/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:24:03 JST
Heidi Li Feldman
On the heels of the awful substantive Supreme Court ruling and opinion in _Callais_, Louisiana’s governor sought to cancel an ongoing election, House primaries, which had begun before the decision was handed down. He ordered cancellation even before the Callais judgment was made final, “certified”. There is a Supreme Court rule which delays certification for 32 days, allowing time for a party to request rehearing. 2/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:24:16 JST
Heidi Li Feldman
You can read the order, opinion, and dissent at https://www.supremecourt.gov/opinions/25pdf/25a1197_097c.pdf.
You may want to read Jackson’s dissent, the second document in the file first. 5/Steve's Place repeated this. -
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:24:16 JST
Heidi Li Feldman
Jackson lays out the Supreme Court rule and relevant precedents to explain that the Court’s short-circuiting of its own procedures has “principles give way to power.”
She writes forcefully but in an even, professional way. 6/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:24:36 JST
Heidi Li Feldman
But Sam Alito just cannot handle a dissent from Brown that explains that he and the other Roberts Court judges who went along with him are nakedly using their privilege and authority to advantage the Republican Fascist Party and its white supremacist agenda. 7/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:24:36 JST
Heidi Li Feldman
Taking the greatest umbrage, Alito starts, “The dissent in this suit levels charges that cannot go un-answered.”
What has so disturbed him? Jackson telling it like it is. 8/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 05-May-2026 13:24:42 JST
Heidi Li Feldman
Alito: “The dissent goes on to claim that our decision represents an unprincipled use of power. … That is a ground-
less and utterly irresponsible charge”.Translation: How dare she? 9/
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Jeff Atwood (codinghorror@infosec.exchange)'s status on Tuesday, 05-May-2026 17:28:10 JST
Jeff Atwood
@heidilifeldman cc @jwz look man, I'm ready for two countries. Fuck SCOTUS. That's no longer the United States I believe in. I dissent... permanently. California should secede... anything else is utter cowardice at this point.
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Evan Prodromou 🇨🇦🇺🇸🇬🇷🇵🇸 (evan@cosocial.ca)'s status on Tuesday, 05-May-2026 17:28:10 JST
Evan Prodromou 🇨🇦🇺🇸🇬🇷🇵🇸
@codinghorror @heidilifeldman @jwz Why should *we* leave? We are the majority and we are right.
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