Portside

Secret memos obtained by The New York Times illuminate the origins of the court’s now-routine “shadow docket” rulings on presidential power.

Justices Kagan, Jackson, and Sotomayor aren’t merely disagreeing with the majority’s technical readings of the law.

The three dissenting justices use stark language to frame the threat: “The Court’s decision is nothing less than an open invitation for the Government to bypass the Constitution. ... No right is safe in the new legal regime the Court creates.”