Page 21 - Shadow Docket News Today

Seeing it in effect happen in texas and youre seeing it state by state already and justice roberts, particularly called out that shadow docket be used without the oral argument where they could have granted the injunction and granted the relief until the fifth circuit hands over the appeal and see what happens after that. >> and thats what you would expect would happen. typically in a case like this with a highly controversial law about to go into effect, youll see that a court will enter a prel...

Along with the texas case, the supreme court over turned president bidens eviction mor tor rum and require to start trumps remain in mexico plan that makes asylum seekers awats their cases in mexico. the frequency of shadow docket cases have increased over the past few years and tended to favor conservative priorities. the president trump administration had positive rulings in 28 out of the 41 emergency applications from their doj and were only outright denied four times. those rulings include t...

Effect. hes calling it an unprecedented assault. but is there anything he can actually do about it? here to discuss, democratic congressman jamie raskin of maryland, a member of the house judiciary committee and the select committee on the january 6th insurrection. congressman, thank you for being here tonight. its great to hear from you in particular with your insight. i want to learn from you because a ban after six weeks, theres no exception for rape or incest. its effectively a back doorway ...

We dont have to pretend to go along with this nonsense. in addition to what you read -- i read to you earlier, chief justice john roberts wrote, quote the statutory scheme, good word before the court is not only unusual but unprecedented. thats true. usually states dont have private citizens enforce the laws. justice kagan pointed out this is emblematic shadow docket decision making which everyday becomes more unreason, inconsistent and impossible to defend. but it was justice sotomayor blasted ...

Circuit, the fifth circuit stripped the district court of any additional ability to move forward. told that judge he couldnt even consider whether or not to join the law from going into effect. so thats how we found the case on the shadow docket for the supreme court to decide with no record. >> and joyce, does that signal anything? is there any inference we can draw about where the courts headed where they hear the mississippi case? >> i think we cant draw an inference from the shadow docket de...

To come. >> and has an effect, you hear of women there, clinics complying already. so they have to leave the state, in effect, to get an abortion. the court has agreed to take -- this is an unusual case they do on their shadow docket. they didnt hear arguments, et cetera, but they agreed to take up a mississippi law, 15-week is the limit there. is that where we hear most likely a more comprehensive supreme court decision on the future of roe v. wade? >> reporter: well, thats what we think, right...

Unusual. this case was proceeding in federal district court in texas, when the fifth circuit strip the district court judge. the trial judge of any ability to proceed on a motion that would have suspended and stayed the statute to keep it from going into effect today. thats how i got as part of their shadow docket. as an emergency appeal. and the shadow docket is actually a process where cases are decided without full briefing, and full argument. in this situation, the court actually is not cons...

Fortify this full frontal assault on the precedent of "roe" and so there is a number of things that we do know. certainly, we did hear from the former president himself that he did have an abortion litmus test for the justices, and that he installed all three justices on to the court. so this is no big secret, and even though, even chief justice john g. roberts when he rejected the idea that this should be decided on the shadow docket as dahlia explained, he, himself, he has expressed the view t...

I think still somehow we should get some kind of order with the justices and they may explain their thinking here a little bit. that could still come today. theyve been under some pressure in recent years for increasingly deciding big issues on the shadow docket, cases that come up on an emergency basis, ruled on late at night and the justices really dont explain their think ing. i think this inaction will prompt some of the justices, maybe the chief, maybe bret kavanaugh to want to explain thei...

Abortions for as you heard jeffrey say for many woman member during the time they dont even know theyre pregnant. it would effectively out law 85% of abortions in texas. talk to me about what you think and whatpponents if there are a? >> you cant over state this enough. this would allow, if the supreme court decides to allow this to go into effect at midnight central time, they could essentially overturn roe v wade in a state without lifting a finger, without saying a word on a shadow docket, no...