From Docket Delay to Senate Subornation

Rodney Clough
7 min readJun 12, 2024
US Supreme Court, March 10, 2023. Screenshot manipulation by author. Photo by Tim Mossholder, courtesy unsplash.com

And we thought Judge Aileen Cannon was an outlier in playing the Justice system for Trump.

Albert Einstein famously built his case for relativism on the observation of impermanent time. What the Nobel award scientist didn’t predict was our current tolerance of manipulating the scheduling of judicial decisions to advance a political agenda.

The devil is in the delay.

In New York State, the “highest court” is not called the ‘Supreme Court’ but the State Court of Appeals. Contrast this to the federal court system where the “highest court” is called the ‘Supreme Court’ and one appreciates the primary role of the “highest court,” which is two-fold. One is to hear cases a certiori, which means to review case decisions and laws through the framework of the US Constitution and the weight of “precedence,” similar cases which have been previously argued before the Court.

The second ‘role’ which under girds the first is that there can be no further appeal of a “highest court” decision except upon review by the court itself.

Consider “holding to account:” the only Congressional check on highest court behavior is impeachment, which has been successfully attempted once before in Supreme Court history. (1) What remains for holding justices accountable is the ballot box, either by…

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Rodney Clough

Refuses to nap. Septuagenarian. Cliche’ raker. Writes weekly.