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Supreme Court Justice Ketanji Brown Jackson recently wrote that her colleagues are playing “Calvinball jurisprudence with a twist,” and that in this version of the game where rules are made up as the game goes along, “this Administration always wins.” The disregard for legal precedent seems to be business as usual for the Roberts Court majority, whose decisions it appears are often based on a Ouija board game of originalism, in which the spectral finger of Founders long dead always points to novel conservative fabrications.

The twist is that through overuse of the “shadow docket,” the court needn’t go through the motions of oral argument or of decisions based on

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