The six conservative justices signaled they’re willing to help Trump with a “shadow docket” ruling.
has sent a strong message of support to former President Trump’s MAGA-world by overturning a federal court of appeals decision that stopped the purging of Virginia voters.Chief Justice John Roberts’ high court utilized its tried-and-trusted weapon of the shadow docket to make the decision without the public accountability of having to explain its reasoning.
Although a purged voter could still insist on casting a provisional ballot in person—a solution advocated by lawyers for Virginia—the problem with that solution is the voter may not learn that they have been purged in time to cast a provisional ballot. While the shadow docket tactic allows the six conservative justices who presumably voted together to hide their legal reasoning in allowing the purge to continue, one likely theory the high court could have relied upon is the so-called “principle” that federal courts should not challenge or approve of changes to election rules just prior to an election for fear of causing confusion and disruption with the election administration.
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