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They'll just get stranger, more painful and almost deadly. >> a recent poll shows public approval of the supreme court now at just 40%. a new low in recent weeks you have had defending. what do you make of this public positioning to defend the court in this moment as faith and trust is waning? >> i think they have no other choice. the court is unlike congress or the executive. it lacks the power of the purse and the sword. all it has to make us obey the dictates is legitimacy and seriously hobbled since september 1 when the court allowed a law that flagrantly defies existing precedent cushing ...

It as an independent institution. >> now, to me this is an encouraging development. fun trivia fact, shadow docket, coined by a former clerk of john rodgers, not a crazy liberal. and intimidate the court is a choice of words, because it's just criticism. the level will of defensiveness here shows the criticisms of the court are getting to them. they hear it. they know that the public perception of them is bad. and that's a good thing. because guess what justices alito, we live in a liberal democracy and the court is part of the institutions of liberal democracy, apparently people like sam alit...

Of the shadow docket, that's the process by which the supreme court decides emergency cases without revealing the reasoning. they don't issue big, um, big decisions. right? now the shadow docket has always existed. the thing is, this court has massively expanded it and also used it in obviously ideological ways. because they used it to inconsistentlier for cases with huge stakes. like last month when access to abortion in texas was cut off and five justices shrugged and said is, nothing we can do. we can all see what they are doing. justice alito however, said it's not happening. >> the catchy...

Such thing and said that expressly in our order. >> what do you have to say to that. >> the fact that a sitting supreme court justice would call out a journalist by name is -- when he maybes statement on behalf of the court he has the insullation of the protection of the court and the marshal service. the journalist is a private citizen doing his job and will likely be the target of those who follow justice alito and who believe he has been wronged and will take up the cause. this is literally a justice of the supreme court punching down, naming names, adam's name was not the only name he reca...

To stay the law while lower court proceedings proceeded would have been an appropriate use of the shadow docket. yet, on august 30th, the court did nothing as the clock struck midnight and texas's law went into effect. >> hi again, everyone, it's 5:00 in new york. following the supreme court's refusal to block texas's new law that all but bans abortion in the state, there's been a barrage of criticism and harsh scrutiny over the supreme court's shadow docket. now, the shadow docket describes cases where in emergency situations the court makes decisions quickly, skipping the usual exchanges of ...