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Law. >> the senate judiciary committee now plans to hold a hearing examining not only the law but also the high court's 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 effect's abuse of the shadow docket. a term to describe the use of emergency orders without oral arguments. this was a 5-4 opinion. conservative chief justice john roberts dissented alongsid...

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 court's abuse of the shadow docket, after the court has used that process to deliver meaningful consequential decisions on the texas abortion law and president biden's eviction moratorium an...

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. that's how it got to the shadow docket, emergency appeal. it's process cases decided without full briefing and argument. in this situation, the court isn't considering the substance of the statu...

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 late night order, and unsigned order where the court simply says that within much reasoning, a page an...