Leaked Emergency Docket Memos Show Deepening Supreme Court Split

April 21, 2026, 8:45 AM UTC

Newly leaked documents from the Supreme Court’s decision to stay a landmark Obama-era climate policy shed light on a fracture among the justices over emergency rulings that has only widened as the court has moved further to the right.

The documents, internal memos from the justices’ discussions about whether to grant an unprecedented administrative stay blocking an Obama administration effort to reduce carbon emissions, were published Saturday by the New York Times.

The 5-4 court with Justice Anthony Kennedy often a swing vote that considered that policy, known as the Clean Power Plan, was markedly different than today’s where ...

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