Page 4 - The Shadow Docket News Today

Cases, for time sensitive emergencies. when there was no time for the courts normal process. now theyre using that for everything. for big cases, for cases that arent emergencies at all. for some of the most controversial, divisive political issues that come before them, things like abortion rights and voting rights. things like if the court acts in a controls way they are risking some of the country may not want to abide by their ruling because some significant portion of the country thinks the...

Decisions they cant possibly be expected to understand. i might say the court itself is not even bothering to explain. joining us now is the university of texas law professor, steve vladeck, the author of the new book "shadow docket" how the supreme court uses stealth rulings to amass power and undermine the republic. thanks for being here. >> thanks for having me. >> what did i say wrong? >> nothing. no. i think the reality is that over the last five or six years, weve seen the supreme court us...

Into effect. but right then and the nex sentence, he basically sai that he did not think that the harms that the doj and the drugmaker expressed what befal the nation if the ruling wen into effect. he said that he did not thin that those are important enoug for a stay hes tied to have it both ways in his dissent last night. >> what did you make of it >> the dissent was caustic the first thing i made out o it was how sarcastic and bitin it was, particularly with th use of stays that has been a to...

>> the dissent was caustic the first time it out of it wa how sarcastic and fighting i was, particularly with the use of stays that has been a tool of th conservatives in the corporate early during the trump presidency its the rise of academics what the - the shadow docket, cases tha the supreme court decide without fully elaborated upo decisions, much less ora arguments. a leader was basically sayin to the liberals, you complai so many times, when we hav granted stays, and here you ar doing it ...

Constitutions, you are essentially green-lighting the thing that didnt happen in 2020, just because it was too soon. >> if the court, in terms of court legitimacy, which is a term that i think its thrown around a lot without people knowing what it means. if court legitimacy continues to be in flux, the way it is now, it feels like its in free fall now, more than influx. do you think the justices themselves and im starting to worry about people following their orders, and following the rulings, a...

>> legally, if i were drafting the indictment right now, i would be looking at this as an overall scheme to defraud the united states by stealing the election from joe biden. as part of that scheme, the overriding falsehood in the scheme was donald trumps big lie that he won the election by a landslide and that it was stolen from him. which has been proven right across the boards by his own attorney general, who told him he didnt win, by his own numbers guy who told him he didnt win, and by virt...

Cannot interfere with a womans choice to terminate the pregnancy before 23 weeks when a fetus could live outside the womb. i want to read that because i want to get this exactly right. what do you make of roberts not wanting to completely overturn roe v wade? >> i dont know where this is coming from and i think leaks from the court are disturbing. but beyond that, i think that justice roberts has signalled not just in the case before us with mississippi but in other cases time and time again and...

Intention was to shine the glaring light of public opinion on the injustice in alabama. the first week of black history month, it saw the supreme court use their shadow docket to destroy that legacy but the fight is not over. thats next. stay tuned.

Basis that they were likely to succeed, when they go to trial, and prove that those maps are racially discriminatory. and that is a very significant win. and that is something that the supreme court took away by using a procedural double whammy, using the shadow docket, as you mentioned. and then, seemingly they relied on a case that is another shadow docket case, purcell versus gonzalez to suggest that they were too close to the election to make any court ordered changes to the redistricting ma...

Succeed, when they go to trial, and prove that those maps are racially discriminatory. and that is a very significant win. and that is something that the supreme court took away by using a procedural double whammy, using the shadow docket, as you mentioned. and then, seemingly they relied on a case that is another shadow docket case, purcell versus gonzalez to suggest that they were too close to the election to make any court ordered changes to the redistricting maps. mind you, we are nine month...