Page 22 - Shadow Docket News Today

Could essentially overturn roe v. wade in a state without lifting a finger, without saying a word, on a shadow docket, not even addressing it, hearing oral argument on an issue that has stood the test of time for decades and decades. were talking about upending the trimester framework not only of roe v. wade but subsequent decisions that talk about a womans right to choose prior to the viability of a fetus, meaning it can actually exist and survive outside of a womb. what theyre doing here is so...

Carry her rapists child to term. thats the new law? >> its unbelievable, alisyn. remember, one of the craziest things about this is how unnoticed its gone. this was a shadow docket. the supreme court has been silent. they were able to essentially allow roe v. wade to in essence be overturned and they didnt say a word. they havent stepped in. they havent issued an opinion. they havent asked for oral argument. this is a case thats been on the books for so many decades. they have the idea of a trim...

Emergency applications on its shadow docket. he also said hes weighing his decision on when to step down considering the dynamics of the court now and these recent shadow docket decisions on remain in mexico and the eviction moratorium. talk to me about the stakes and what you think it is breyer is going to do. >> as his term wound down, a number of pundits said this was a moderate, consensus driven court. but by the time the term end and the last decisions were in, we saw some of the most impor...

We have to do as members of congress what we failed to do, which is to make it easier for landlords to be made whole. no one is trying to deprive them of what they are owed. we just want to keep as many as 11 million people from becoming unhoused in this country in the midst of a deadly pandemic. >> the court is increasingly using, quote, shadow docket cases, cases often decided without oral arguments. and often without a majority opinion, explaining the courts reasoning to issue significant rul...

Jones, these are shadow docket cases, often decided without oral arguments and often without a majority opinion explaining the courts opinion. but what does this say about the future of the supreme court? >> i think it is the latest example of how this 63 hyperpartisan conservative majority on the supreme court, is out of touch with the realities of working with people on this country. this is something that should not have happened. there was a statute that very clearly gave the cdc the authori...

Thats whats at stake here. it is about rejecting justice in the justice system and we dont even know what justice looks like anymore to the point that, once again, thousands of asylum seekers continue to be stranded without something that we value in this country, which is welcoming their right to seek asylum. we want that. >> melissa, this is something that we were warned about, which was the hangover, the long tail of the trump administration specifically when it came to his administrations su...

Decision on when to step down considering the dynamics of the court now and these recent shadow docket decisions on remain in mexico and the eviction moratorium. talk to me about the stakes and talk to me what you think breyer is going to do? >> as his term wound down, a number of pundits said this was very much a moderate court a consensus-driven court. but we saw cases have fractured along ideological lines, the three liberals voting in dissent. it is a very conservative court, perhaps the mos...

Justices. there were no oral arguments for the case and no full briefings which justice stephen breyer slammed writing in the dissenting opinion, quote, these questions call for considered decision making informed by full briefing and argument. their answers impact the health of millions. we should not set aside the cdcs eviction moratorium in the summary proceeding. former law clerk to justice sonia sotomayor, now an nyu law professor and msnbc legal analyst. as someone who has been in the room...

Because of the emergency nature of this. so thats one of the things weve been talking about a lot over the last couple of years. the supreme court has been more and more active deciding on the shadow docket. a lot less opportunity to see the work of the court when they make decisions that will be decided. >> first i want to ask you a question about the specific ruling because the order stated it is indisputable the public has a strong interest in combatting the spread of the covid-19 delta varia...

What the supreme court just did. i thought they were better than this, i thought brett kavanaugh was better than this. yes it is so bad i now have a drastically lower opinion of brett kavanaugh. here to explain what happened is a professor of constitutional law in new york university, and cohost of his strictly podcast that in case of full disclosure, my wife is also a cohost of. it was interesting to see, the kind of alarms go off last night, from court watchers. about this, and i think to expl...