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How the Supreme Court Stacked the Shadow Docket Deck for Trump

If you’re wondering how the high court’s lawless sausage got made, we must turn to an obscure line from a long-forgotten 1977 case.

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The New Republic
Sep 13, 2025
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by Matt Ford

Supreme Court Associate Justice Brett Kavanaugh shares a laugh with Chief Justice John Roberts.
Chip Somodevilla/Getty Images

Twelve years ago, the Supreme Court held in a 5–4 decision in Maryland v. King that police departments could perform cheek swabs on people they take into custody and use the DNA sample for criminal investigations. The case is memorable not only for its ruling but for the vivid dissent by Justice Antonin Scalia an…

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