Overview
- The New York Times published internal 2016 Supreme Court memos on Saturday, and the paper did not disclose the source.
- The 5-4 order stopping the Clean Power Plan came without any explanation and is widely viewed as the start of the modern shadow docket, a fast track for major rulings through short, unexplained orders.
- Chief Justice John Roberts urged blocking the plan under the major-questions doctrine, which says agencies need clear approval from Congress for sweeping economic or political changes.
- The papers show the majority feared utilities would spend billions to comply before courts ruled, citing Michigan v. EPA and related cases to argue those costs would be irreversible.
- The memos detail a conservative–liberal split, with Justices Alito and Kennedy backing a stay and Justices Breyer, Kagan, and Sotomayor resisting, and they include an unusual Sotomayor document lacking letterhead and a signature that stood out to reporters.