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Example, or an emergency stay to enjoin that case. what is happening, as elena kagan, one of the justices in the court herself said, more and more the court is using that procedural opportunity to make substantive decisions, and they do it without the benefit of full briefing or full argument. in that way there is a stealth process going on. i think justice kagan is correct that when they make these critical decisions, they ought to do it in the light of day so everybody has the chance to participate in that decision-making process. >> a lot is happening in the court in the next couple months....

One of the judges, justices had ever been a judge before before being confirmed. these are people who had big complicated lives, earl warren was governor of california and hugo black, senator from alabama. these people have long paper trails and could still be confirmed. today it's become like this weird stealth process where if you actually have led a distinguished public life, you are less likely to be on the supreme court. and i just think that's an unfortunate development on the left and on the right. >> some of that is timing, right? in this case they've got a more compressed schedule bec...