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A new Supreme Court term officially begins on Monday, but the justices never really took a break: All summer long, they’ve used the shadow docket to radically alter the law with little or no explanation, almost always in President Donald Trump’s favor. These aggressive interventions have drawn exasperated objections from dissenting justices and lower-court judges, who are left to decipher what the Republican-appointed supermajority is doing. Their pushback has sparked a new debate over just how bluntly sitting jurists should condemn the high court—and what purpose their protests are meant to serve.
On this week’s episode of Amicus, co-hosts Dahlia Lithwick and Mar