Page 19 - Shadow Docket News Today

Essence. cases that are heard on an emergency basis often come up through this docket. for instance appeals on capital cases, last-minute appeals by prisoners about to be executed, but, also, these sorts of emergency requests like the one in texas to keep a law thats being challenged over its constitutionality from going into effect while litigation continues. it can take a long time. it can take years for a case on the constitutionality of a statute to work its way through the courts. so the ba...

Law. >> there is an appetite for that and a companion build at 48 democratic senators side. i am one of them. so when we have this hearing on the abuse of the shadow docket, its a need for supreme court reform. >> would you mean by court reform? >> court reform, the fact that we have a supreme court using its powers -- abusing its power. so we cannot talk about term limits. we can talk about applying the provisions. we can increase the number of the supreme court. we can cycle through judges. i ...

Opens the shadow docket. its supposed to be for time sensitive appeals, its actually being used for more and more substantive, consequential litigation that gets decided without the benefit of full briefing and oral argument and without a lot of elaborate explanation. the kind of explanation that in a democracy the public deserves. >> we have seen a lot of responses to whats happened. lyft and uber will donate a million dollars to planned parenthood. you see people have to find ways around the f...

Enormous state. its going to change america if this happens. >> molly, i did want to get your take on the texas abortion law because i know youve been writing about this. this is an earthquake that happened this week. >> its a -- its huge. basically, what happened is that on the shadow docket, the supreme court, these five justices, overturned roe in the middle of the night by not doing anything. and now you see so many red state governors are going to follow suit. were going to have six-week bi...

To challenge that until you can figure out a way to challenge the constitutionality of the law? is that what they were saying? >> yeah, i think that thats fair. this was a motion for injunction to keep the statue from going into effect. the court in this one paragraph, unsigned order we get from the supreme court because it is a shadow docket case, they essentially throw their hands up in the air and say, well, for a litigant to show that we should enjoin the statute they have to prove that they...

Procedural questions. they blocked californias in-home gathering restrictions on religious liberty grounds. the fact that the court lacked the power to issue the order in question. it feels in a lot of ways like the court is using the shadow docket the way that republicans use these local government orders and these laws to try to get through legislation like what they call the sue thy neighbor bill, what they cant get by asking the majority. they just sneak it through in sneaky ways. is that a ...

Which makes asylum seekers await in mexico. the trump administration had positive rulings in 28 out of the 41 emergency applications from their doj and were only denied four times. those rulings include trumps travel ban, the ban on trans people in the military and the go ahead for the administration to execute people with lethal injections. the senate judiciary committee will hold a hearing on this. elli, you wrote -- this is what was written about this shadow docket that most people dont know ...

Much about this. it feels, in a lot of ways, like the court is using the shadow docket the way that republicans use these local government orders and the sort of laws to try to get through legislation like what they are calling the soothe a neighbor bill in texas, but they cannot get by asking the majority. you know what i? mean they are not getting it from the majority, so they just sneak it through and sneaky ways. is that a wrong way to look at it? >> they are also cowards, right? lets not fo...

Paragraph opinion have overruled 48 years of precedent, without even bothering to mention roe v. wade in their unsigned opinion. the whole thing is outrageous. and the idea that one little judge in the island of austin in the middle of texas is going to change that supreme court reality is ridiculous. >> this shadow docket i find absolutely fascinating. i know there are times when a shadow docket is required. but in this case, given the high profile nature, the passions around it, it is extraord...

>> so this legislation, liz, where does it stand now, and then the legal implications going forward are what? >> reporter: the constitutionality of this law is still yet to be determined. thats what we saw when the supreme court failed to act on wednesday night. and weve seen an increase of these shadow docket decisions that legal scholars are concerned about, not only in the volume of the decisions, there are more of them happening and that late-nighttiming before a holiday weekend, i dont thin...