The Supreme Court is increasingly acting as a political body, undermining its legitimacy.
The 'shadow docket' is being used to make major policy decisions without full arguments or transparency, creating legal confusion.
Internal divisions and leaks are eroding the Supreme Court's collegiality and institutional integrity.
Prolonged procedural battles in environmental litigation delay accountability for corporate damages.
Opportunities Identified
Increased public scrutiny may force the Court to be more transparent and principled in its use of the shadow docket.
The Chevron case being heard in federal court still allows the underlying environmental damage claims to proceed, potentially leading to a significant judgment.