The Roberts Court has been rewriting the rules of our democracy via the shadow docket.
the court ordered Texas to add former Sen. Eugene McCarthy to the presidential ballot as an independent
, refusing to allow the state to curtail the choices available to voters. Likewise, when voters challenged discriminatory voting changes, the court enjoined them, even close to the election. The court recognized that it was critical to act before the election took place because voters may be “ .” In sum, the Supreme Court refused to accept that violations of the right to vote “must go unremedied” simply because Election Day was drawing near. There was no expiration date on the right to vote., which announced that federal courts should be wary of issuing injunctions in voting rights cases close to an election.
In a string of unsigned, unexplained orders this summer, the Supreme Court has repeatedly shown that it will not protect the right to vote during an election year. The court has considered emergency motions in cases challenging voting or ballot access restrictions in
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