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"Until this term, it would have been unheard-of to articulate a new constitutional rule while issuing an emergency injunction to enforce it.

But what this latest ruling drives home is that this is more than just an interesting phenomenon; it is a pernicious one. A majority of the justices are increasingly using procedural tools meant to help them control their docket to make significant substantive changes in the law, in defiance not only of their own standards for such relief, but of fundamental principles of judicial decision making.Justice Antonin Scalia explained in 1986 that such relief should be granted “sparingly and only in the most critical and exigent circumstances, and only where the legal rights at issue are indisputably clear.” It ought to follow that newly minted rights, such as the one the court articulated on Friday, are not “indisputably clear.”

This is not just a technical point; it goes directly to the Supreme Court’s constitutionally mandated role in our constitutional system."


https://www.nytimes.com/2021/04/15/opinion/supreme-court-religion-orders.html?action=click&module=Opinion&pgtype=Homepage

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