The rule of law means, at its core, that those who govern
may not simply issue decrees. Their
actions must be based on reasons that are publicly known. Power must explain itself. So it should be big news when courts break
their own rules. Stephen
Vladeck’s book, The Shadow Docket, explains
those rules clearly, and shows that the Court – particularly since Amy Coney
Barrett joined it and cemented its right wing majority – has been defying them,
often in a partisan way that benefits Republicans and hurts Democrats.
