Page 37 - Shadow Docket News Today : Breaking News, Live Updates & Top Stories | Vimarsana

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 that's 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 basic notion here is that you enjoin the statute to preserve the status quo to present, prevent irrep...

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, it's 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 think what is going to happen is when it comes to -- when it becomes obvious that the supreme court...

Opens the shadow docket. it's supposed to be for time sensitive appeals, it's 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 what's happened. lyft and uber will donate a million dollars to planned parenthood. you see people have to find ways around the fact that they know that now they can be sued. that builds in the idea that lyft and uber drivers ...

Enormous state. it's going to change america if this happens. >> molly, i did want to get your take on the texas abortion law because i know you've been writing about this. this is an earthquake that happened this week. >> it's a -- it's 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. we're going to have six-week bills that are going to end up being the thing these republican governors do to prove they are tr...

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 that's 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 have a substantial chance of success on the merits. because the texas legislature did something so...