The Dictatorship
The week at SCOTUS: Maps, mifepristone and more divide justices on the shadow docket
Welcome back, Deadline: Legal Newsletter readers. Waiting is a big part of Supreme Court reporting. The court is notoriously opaque about what it’s doing, when it’s doing it and, sometimes, due to its lack of explanations for significant rulings, why it’s doing it. But let’s put a pin in that last “shadow docket” point for now. It’ll make a surprise cameo later.
We were in familiar waiting territory on Thursday afternoon, as the clock ticked toward 5 p.m. ET. That was the latest arbitrary deadline that Justice Samuel Alito had set in the emergency litigation over nationwide mail access to mifepristone. If that deadline were to pass without word from the high court, then an unprecedented lower court order from the 5th Circuit halting such access would take effect. A company that makes the abortion pill warned that the order would unleash “chaos for patients, providers, pharmacies, and the drug-regulatory system.”
Five o’clock came and went. No word from the court. It wasn’t until closer to 5:30 that the justices decided — over dissents from Alito and Justice Clarence Thomas — to maintain mifepristone access while the litigation continues in the lower court. It could come back to the justices again, but the status quo access stands for now.
It’s unclear what real effect the time gap had, if any, when the 5th Circuit order was technically live for about a half hour. But what was clear, in those moments approaching the deadline and increasingly as the postdeadline minutes mounted before the court finally ruled, is that this is no way to run a modern legal system. Due to the court’s outsize influence on American life writ large, it’s no way to run a country.
Instead of imposing an arbitrary deadline that caused needless confusion and effectively handed an unearned win to the losing party (Louisiana), albeit a very brief and possibly meaningless one in retrospect, Alito could have simply halted the circuit order indefinitely until the full high court was ready to act. He had to have a sense that his dissenting view would be in the minority even on this court, so an indefinite stay pending the full court’s review would have done no harm. The arbitrary deadline, on the other hand, risked serious confusion at the very least.
Turning to the dissents, Alito said all this stemmed from “the perpetration of a scheme to undermine our decision in Dobbs,” the 2022 opinion he authored that overturned federal abortion rights. Thomas wrote his own dissent, explaining whyin his view, mifepristone manufacturers not only failed to make a case for the emergency relief that the majority granted but also were, in fact, profiting from a “criminal enterprise.”
What did Alito and Thomas’ colleagues in the majority think? Besides the obvious fact that none of the other seven justices joined either dissent, we don’t have much to go on. In the typical fashion of the shadow docket orders that Alito and Thomas have joined over dissents from Democratic-appointed justices, the majority’s unsigned order gave no reasoning. It only said that the 5th Circuit’s order would be halted pending a full ruling in that appeals court and whatever the Supreme Court decides on any further appeal back to the justices.
Alito took a swipe at that lack of explanation in the very first sentence of his dissent. “The Court’s unreasoned order granting stays in this case is remarkable,” he wrote. Putting aside the merits of the argument that followed, it’s “remarkable,” to use his word, that he would think to call out the “unreasoned” nature of the order — an order that, it bears emphasizing, maintained the status quo rather than upend it and unleash the chaos that the dissenters would have risked had their view prevailed.
It’s remarkable not only because of the hypocrisy it required, given Alito’s past joining of such majority orders and his public defense of the shadow docket (or “emergency docket” or “interim docket” or whatever term one prefers for these fast-track orders). It’s even more remarkable because, moments after the mifepristone order came down on Thursday, the GOP-appointed majority issued its latest unexplained order lifting a lower court’s stay, allowing Texas to execute Edward Busby that night for the 2004 murder of Laura Crane, despite unresolved questions about whether Busby was too intellectually disabled to be executed.
Justice Ketanji Brown Jackson’s dissent recounted the extraordinary backstory: The state’s own expert had agreed with Busby’s expert that he was intellectually disabled, and so Texas had joined him in asking the state courts to deem him ineligible for execution. But the Texas courts refused, and then the state changed its mind.
Yet a 5th Circuit panel (a different one from the mifepristone case) granted Busby a temporary stay, with one of the circuit judges noting that the Supreme Court is about to issue a ruling this term in a case called Hamm v. Smith that could be relevant to Busby’s appeal. That judge, Obama appointee Stephen Higginson, wrote that in “a matter of life and death, we must be certain that we apply the proper constitutional rule as to whether and how to determine intellectual disability before states may execute defendants for capital crimes, especially when it is a rule that the Supreme Court imminently will clarify.”
The Supreme Court majority wasn’t bothered by that. “Today, the Court finds itself unable to tolerate even a brief delay,” Jackson wrote in her dissentjoined by Justice Sonia Sotomayor. (The third Democratic appointee, Elena Kagan, noted her dissent but didn’t join Jackson or explain her disagreement.) Jackson wrote that the majority insisted on immediately backing the state’s “current inclination (that it must execute Busby tonight)” over the state’s “former one (that it could not execute Busby at all).” The Biden appointee concluded by observing that, in death penalty cases, the justices “rarely intervene to preserve life. I cannot understand the Court’s rush to extinguish it, much less in the circumstances of this case.”
And that was just an unexplained shadow docket example from that same night. Earlier this week, on Monday, the GOP-appointed majority issued yet another “unreasoned” order, as Alito would call the mifepristone order later in the week, in yet another redistricting win for Republicans, when the majority granted Alabama emergency relief to let it use a congressional map that was previously deemed discriminatory.
As we head into the weekend, we’re awaiting court action on Virginia’s emergency bid to save its Democratic-friendly redistricting effort. I explained in this piece why it’s a long shot, the bottom line being that it’s mainly a state issue and the justices deal with federal issues, though, to be sure, state officials make a federal pitch for relief. Still, the most likely outcome at the high court is a denial and therefore another win for Republicans this election season. But unlike this week’s Alabama order and the recent voting rights ruling in Louisiana v. Callais that sparked the latest GOP map maneuvers, this Virginia appeal might not prompt all three Democratic appointees to dissent. The question is more likely how many dissents, if any, accompany denial, than whether it’s denied.
But, once again, we wait.
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The Senate Judiciary Committee postponed a vote on acting Attorney General Todd Blanche’s nomination, a spokesperson said late Wednesday, as two retiring Republicans on the panel dug in over President Donald Trump’s personal “anti-weaponization” deal with the government he runs.
Sen. Chuck Grassley’s decision to delay the committee vote that had been set for Thursday marks a setback for one of Trump’s highest-profile Cabinet nominees, at the hands of Texas Sen. John Cornyn and Sen. Thom Tillis of North Carolina, a pair of Republicans set to leave the chamber next year.
“Chairman Grassley works to set President Trump’s nominees up for success in committee, not failure. Senators Cornyn and Tillis want written assurances from the Department of Justice regarding the Trump-IRS settlement,” the committee spokesperson said.
Blanche’s nomination to permanently head the Department of Justice needs the support of either Cornyn or Tillis to make it out of the committee to a vote by the full Senate, assuming all Democrats remain opposed.
“Why don’t you call over the Department of Justice and tell them they have one hour and 50 minutes to get me what I asked for,” Cornyn told reporters Wednesday afternoon amid the hardening standoff over his demand that Blanche and the DOJ put in writing a commitment never to pursue the president’s prized “anti-weaponization” fund, and to clarify the terms of Trump’s personal deal with the Internal Revenue Service.
Tillis told MS NOW that the conversations were complicated by the need for the Justice Department to get “several parties” to agree on the language of the statement Cornyn and Tillis are seeking.
“What I’ve advised the chair, and I would assume Senator Cornyn said something similar, is that we’re not prepared to vote yes yet,” he added.
“The Department has been in regular communication with Committee members for weeks, and we look forward to continuing to work productively with Senators to address any concerns,” a Justice Department spokesperson said in response to the decision to postpone the committee vote.
Cornyn was set to meet with Blanche on Wednesday morning, but the meeting was called off after Blanche failed to meet the senator’s demand for written proposals to modify the controversial settlement agreement he brokered between Trump and the IRS. The Republican senator is set to leave Congress when his term ends in January after a bruising May primary loss to Texas Attorney General Ken Paxton, Trump’s chosen candidate.
“Maybe John Cornyn’s upset with me because I didn’t endorse him,” Trump told reporters Wednesday afternoon in the Oval Office. “I don’t know what it is, but I haven’t heard that there’s a problem. I heard (Blanche) is going through quite nicely.”
Cornyn made clear to Blanche during his confirmation hearing that he will not get his support until he agrees to reopen and modify the settlement. Due to the committee’s narrow Republican majority, one GOP “no” vote is enough to sink Blanche’s nomination.
The senator has asked Blanche to provide proof that the proposed nearly $1.8 billion “anti-weaponization” fund established as part of the deal between Trump and the IRS is formally dead, and he has also demanded Blanche narrow the tax audit immunity provisions the settlement afforded to Trump and his family.
Blanche has publicly stated that his department has dropped the fund, but he and the DOJ have dodged requests from Cornyn and a federal judge to put that in writing.
After announcing his meeting with Blanche would not take place Wednesday morning, Cornyn told reporters that changes from Blanche “in a modified release form” would be acceptable, but that “for some reason … they simply refuse to do it,” referring to the DOJ.
Shortly after the meeting was called off, a Justice Department official told MS NOW that the department “provided a written proposal to Senator Cornyn’s staff yesterday following ongoing discussion with both the Committee and the Senator’s office.”
Cornyn said that proposal was “not responsive” to his demands because it did not address the tax audit immunity provisions in the settlement, one of his key demands.
In May, Blanche signed an addendum as part of the deal that granted Trump, his family and his businesses immunity from pending IRS tax audits. That agreement, which has been decried by former IRS officials and legal experts as unlawful self-dealing, is being contested in federal court.
Cornyn noted that Blanche testified under oath that he could meet the request during his confirmation hearing.
“Maybe they think I’m just going to give up or you know, go along, but they’re mistaken,” Cornyn said when asked why he thinks the DOJ could be slow-walking his request.
Kevin Frey contributed to this report.
Sydney Carruth is a breaking news reporter covering national politics and policy for MS NOW. You can send her tips from a non-work device on Signal at SydneyCarruth.46 or follow her work on X and Bluesky.
Mychael Schnell is a reporter for MS NOW.
Ebony Davis is a breaking news reporter for MS NOW based in Washington, D.C. She previously worked at BLN as a campaign reporter covering elections and politics.
When Israeli Prime Minister Benjamin Netanyahu arrived this week for his tour of Washington, he may have had a mission in mind.
Netanyahu needed to overcome his newly diminished stature and waning influence over his once close friend President Donald Trump as both leaders grapple with the unpopularity of a war they started together and is escaping their control.
His meeting at the White House with Trump on Tuesday, which was closed to the press, was the first face-to-face encounter between the two allies since the U.S. and Israel launched a joint attack against Iran on Feb. 28.
Trump gave him a muted welcome and afterwards simply described the meeting as “very good.” “Obviously, many important subjects were discussed,” the president wrote on Truth Social.
Rather than an intimate one-on-one setting, the Oval Office was full of top U.S. officials — Vice President JD Vance, Secretary of State Marco Rubio, Treasury Secretary Scott Bessent, Secretary of Defense Pete Hegseth, Chairman of the Joint Chiefs of Staff Gen. Dan Caine, and special envoy Steve Witkoff.
But Netanyahu continued the full court press on the Trump administration.
Over the course of two days, in addition to seeing Trump and attending Sen. Lindsey Graham’s funeral at the Capitol, Netanyahu also met separately with Vance, Hegseth, and Rubio, White House and Israeli officials confirmed to MS NOW.
The Israeli prime minister’s slate of meetings with key U.S. national security officials comes at a pivotal moment in the Iran conflict as tensions escalate in the region and Americans increasingly sour on the war. A recent Quinnipiac poll shows 60% of American voters opposing U.S. military action against Iran and 74% against sending U.S. ground troops into Iran.
Not only does Trump face pressure as Republicans face an uphill battle to retain congressional control in this fall’s midterms, Netanyahu’s fate as prime minister is at stake in Israel’s upcoming September elections – and he can’t afford to lose Trump’s favor.
The talks largely focused on what to do next as Iran continues to menace shipping in the Strait of Hormuz and retaliate against American bases in the region and launch attacks on Gulf allies.
According to a senior Israeli official who was granted anonymity to describe the closed-door meeting, President Trump and Israeli Prime Minister Netanyahu did not come to a final decision after discussing three paths forward: get a “good deal” focused on Iran’s nuclear program and enriched material, have no deal and instead continue the blockade and economic pressure, or take escalated military action.
But Netanyahu did not tell Trump what he should do – nor did he express a preference.
The senior Israeli official noted Netanyahu has not ruled out diplomacy – as long as it is coupled with “very strong pressures,” calling the push to dismantle Iran’s nuclear program “a contest of will and a contest of force.”
“There are ways of squeezing them and squeezing them and squeezing them and negotiating at the same time,” the official said.
Netanyahu did not present President Trump with new intelligence regarding the underground Iranian nuclear facility Pickaxe Mountain, per the senior Israeli official, noting the U.S. and Israel already are constantly sharing intelligence – and know where Iran’s highly enriched material is. “We don’t think it’s moved, and I think we have a pretty good grasp on that,” the official said.
During their meeting on Tuesday, Trump and Netanyahu discussed ways Israel and the U.S. can work together to stop Iran’s nuclear program and get the Strait of Hormuz open to maritime trade, the senior Israeli official said.
The two leaders also discussed a third goal: to continue to undermine the Iranian regime and “possibly create future conditions for a change in that area.” U.S. officials have backed away from pursuing paths that would overthrow the current leadership, but Netanyahu still believes that could happen.
“The chasm that has been created between the people and the regime is not about to be closed,” the senior Israeli official said of Netanyahu’s thinking.
Netanyahu advised Trump in February that Israeli intelligence indicated launching strikes against Iran would lead to the toppling of the Islamic Republic’s regime – and five months later, the slain ayatollah’s son retains power with a close circle of hardliners, calling into question the accuracy of Israel’s intelligence apparatus.
But the senior Israeli official said at the time, Netanyahu did not promise the Iranian people would take fate into their own hands following a coordinated attack. Rather, he chose his words carefully and said that an attack could create conditions to “advance the probability or the possibility that that would happen.”
The conditions needed for the Iranian regime to fall, “did not materialize,” the official told MS NOW, adding, “not for lack of insight, but for either operational failure or decisions that were made.”
Despite Netanyahu insisting Israel and the U.S. are on the same page, differences still remain: the sale of F-35 fighter jets to Turkey and the Saudi nuclear arrangement did not come up during Wednesday’s White House meeting, according to a second Israeli official granted anonymity to describe sensitive discussions.
Meanwhile, the conflict continues to spread, with an Iranian drone attacking a U.S. gas storage tanker off the coast of Egypt on Wednesday.
Trump indicated he would not let Iran’s latest action slide, telling reporters on Wednesday that the U.S. would retaliate against Iran even as he leaves room for diplomatic talks to resume.
“It’s our turn, and we’ll see if we get there with an agreement at some point,” Trump said. “But we’re going to hit them very hard.”
As for what it would take for Israel to join the U.S. strikes, the senior Israeli official said that if Israel is attacked by Iran, “We will respond very, very forcefully and very quickly. And I think Iran would make a great mistake.”
Julia Jester covers politics for MS NOW and is based in Washington, D.C.
International rage over FIFA’s close ties to President Donald Trump has reached a fever pitch after soccer’s governing body announced a plan to sell a significant stake to an investor group led by Joshua Kushner, the brother of Trump’s son-in-law.
The president and his family have all but turned the White House into their personal piggy bank. And FIFA — which has its own sordid history of corruption — seems to have made itself a party to Trump’s self-enrichment under Gianni Infantino’s leadership, such as by paying for space inside Trump Tower in New York. (The organization has defended the office rental as a World Cup outpost.)
Soccer is seen by many as a unifying game. But Trump’s incorporation of FIFA into his political dynasty is threatening that idea.
FIFA has announced plans to sell a large minority stake in a new company that will run its main events, including the World Cup and Club World Cup, as part of a plan to triple the amount of development money it dishes out to its 211 member associations.
Under the proposals — which are subject to approval by a majority of those national associations and FIFA’s 37-member council — a new entity called FIFA Forward Enterprises (FFE) will take over all commercial operations, while FIFA remains the game’s global governing body and retains a majority stake in FFE.
A press release from FIFA confirmed the plans and said Thrive Eternal, which was launched by Joshua Kushner, is expected to lead the investment group that would control FIFA Forward Enterprise. FIFA did not clarify why Thrive Eternal was selected, and Kushner was already dabbling in sports.
But Trump basically has already given son-in-law Jared Kushner carte blanche to dictate U.S. foreign policy in the Middle East while simultaneously hatching business plans in the region. (Jared Kushner has denied any conflicts of interest.)
Joshua Kushner reportedly has been a major donor to Democrats. But, predictably, the idea of another Kushner becoming financially entwined with the World Cup — the world’s most popular sporting event — and basically being dropped into a position of global significance isn’t going over well. Several other soccer governing bodies have expressed concerns, including Europe’s UEFA.
“This crosses a line that football’s governing institutions should never cross,” UEFA said in a statement about The Athletic’s report, adding: “The soul and governance of football are not assets to trade — especially with zero transparency as to who gains financially. None of us are the owners of football. It is not FIFA’s to sell.”
Democrats on the House Judiciary Committee also rebuked the plan, writing on X: “Apparently the fake Peace Prize and giant lease with Trump Tower weren’t enough — now Infantino performs a kickback hat trick by pursuing a multibillion-dollar deal with Jared Kushner’s brother to sell ownership stakes in the World Cup to private investors.”
FIFA, Donald Trump’s favorite corrupt racketeering enterprise in world sports, is now going directly into business with the Trump family!
Apparently the fake Peace Prize and giant lease with Trump Tower weren’t enough—now Infantino performs a kickback hat trick by pursuing a… https://t.co/knSZibuMea
— House Judiciary Dems (@HouseJudiciary) July 28, 2026
Rep. Jamie Raskin, D-Md., has already launched an investigation into the FIFA leader’s relationship with the Trump administration, while dozens of European lawmakers — citing concerns about “potential breaches of political neutrality” — have called for the FIFA Ethics Committee to investigate Infantino. This new proposal seems unlikely to assuage those concerns.
But what it does seem likely to do is fuel global anger toward the U.S. — the kind that has been growing since Trump retook office.
And when you consider that, it’s truly remarkable how the same MAGA movement whose members whined for years about politics mixing with sports is now in lockstep with a president who seems dead-set on casting his shadow over every sports event he can.
This post on X basically sums up the foul stench around FIFA’s latest proposal.
Sepp Blatter was Infantino’s predecessor as FIFA president and oversaw the organization amid some of its many scandals. When heof all people, is warning about how Trump and Infantino’s relationship is “deeply damaging” soccer, it’s a sign of how far FIFA has descended into the gutter.
Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.
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