BREAKING: The U.S. Supreme Court, on a 5-4 vote with Justice Amy Coney Barrett as the deciding vote, allows the Trump administration to cancel National Institutes of Health grants as part of the administration’s attack on “DEI” while litigation proceeds.

Five justices write. All justices except Justices Clarence Thomas and Sam Alito write or sign on to at least one of the writings. (The pair simply noted their vote, which, of course, would have gone further than Barrett or, thus, the court.)

This is a truly bad order for several reasons.

It more aggressively holds lower courts to unreasoned shadow docket decisions in later cases with post hoc explanations.

It also goes further down the path of Barrett’s awful opinion for the court in the “universal injunctions” CASA case this June.

I will eventually have a full discussion of this at Law Dork. Subscribe now: