Perhaps the Federalist Society's vetting is less robust that they thought....
Also the Sinister Six's use of the shadow docket instead of actual cases. Those aren't precedent under any theory. I seem to recall reading that one of the Justices -- Alito? Thomas? -- was complaining about the lower courts not using the shadow docket rulings and said something like, "How many hints do you need about how we will eventually rule?"
Perhaps the Federalist Society's vetting is less robust that they thought....
Also the Sinister Six's use of the shadow docket instead of actual cases. Those aren't precedent under any theory. I seem to recall reading that one of the Justices -- Alito? Thomas? -- was complaining about the lower courts not using the shadow docket rulings and said something like, "How many hints do you need about how we will eventually rule?"