Page 9 - The Shadow Docket News Today

Law. >> the senate judiciary committee now plans to hold a hearing examining not only the law but also the high courts decision to allow it to take effect. in a scathing rebuke today, democratic chair dick durbin argued the court allowed it to see the light of day without public deliberation and transparency. we must examine the constitutional impact of allowing the law to take effect but the conservative effects abuse of the shadow docket. a term to describe the use of emergency orders without ...

The senator is describing the law as a devastating blow to americans constitutional rights. let me ask you this. is this a first step to something more or a step to satisfy those on the left who are really demanding, and i talked to some of the abortion rights advocates who say we want congress to do something to step up here. >> a first step to examining what senator durbin the chairman calls the supreme courts abuse of the shadow docket, after the court has used that process to deliver meaning...

Anything to do with abortion in question have standing to be able to sue someone else involved in it? >> everything about this case is very unusual, even the process is very unusual. this case was proceeding in federal district court in texas when the fifth circuit stripped the federal district court judge, the trial judge, of any ability to provide on motion to keep the statute from going into effect. thats how it got to the shadow docket, emergency appeal. its process cases decided without ful...

Subject to this thing, another bizarre are rekaegss of the law. i want to turn to ellie mcgaw. and we have the author, dahlia, talk about this. >> you put this in your intro, chris, but this is really pressing on it. this is happening in the shadow docket, the so-called emergency docket where, until very recently, only emergencies lived. suddenly, in the age of covid,

Seeing is that after four years of shouting imaginable, everything is happening quiet. and elena kagan criticized the court for the alliance of the shadow docket, this emergency docket to make decisions of major importance to the country without a full debate. >> yeah, the shadow docket has become a kind of the routine event for the supreme court where they just decide things in these emergency motions. there is no argument below, and often no record below, and no cases brief, nothing. just a la...

Where until very recently, only emergencies lived, suddenly in the age of covid, in the age of voting, rates in the age of the death penalty, and perform presumably the age of unconstitutional abortion restrictions, everything is happening on the shadow docket, its happening on an briefed on argued cases, we have no idea whether the core is going to as you said before, even issue an order, it could be a two sentence order. there could be dissents. we actually dont know what we are waiting for at...

Roberts said this was unprecedented. he decented. i think what youre seeing with the court is that usually they act really, really quickly in these kinds of emergency petitions known as the shadow docket. if they think the issue is important. here they dallied, kept us waiting for 24 hours. in the meantime, people in texas are not able to really knowing what the law is. finally at midnight when justice alito writes, he says, while this is so confusing and so technical, lets let the law go into p...

Philosophically because theres agents who control their own bodies and theyre not subject to this whole thing another bizarre sort of devious aspects of the law thank you so much. now i want to turn to the justice correspondent of the nation, offer of allow me to to tort, a black eyes guide to the constitution. and dahlia, the senior editor and correspondent for, slate her latest piece is titled, to real ways to answer and texas abortion law. lets start with that dalia, in terms of whats the res...

Again. >> this is a road map for how they can do it which is why i say as of this moment 7:05 eastern time today roe versus wade has been up ended in texas, jeffrey. im curious because the supreme court did not step in overnight. and they could have. and as i said to laura jarrett before, doing nothing was doing something here. this is a statement. how am i supposed to read this from the supreme court overnight? >> i think you are supposed to read it as doom is coming for roe v. wade. now, entir...

All right. the court is out to lunch. the court is in yolo mode. they are no longer bound by constitutional strictures. they dont care about the 15th amendment. they dont care about the voting rights act. they dont care about the separation of powers. they are doing this all on the shadow docket. remember, people, the court isnt even in session right now. they dont come back until october. they did this for fun to kick people out on to the streets. at some point democrats have to do something, a...