A seemingly extra, innocent sentence in a Supreme Court order just ignited major legal intrigue. In South Carolina v. Doe, the Court denied emergency relief in a transgender bathroom case — but inserted a puzzling line: “The denial … is not a ruling on the merits.” Too banal to be accidental. Why slip it into a controversial ruling?
This post dives into how that superfluous sentence may signal internal bargaining, hidden messaging, or a warning shot to lower courts — opening a rare window into how the Court maneuvers behind the scenes.
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