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What the supreme court just did. i thought they were better than this, i thought brett kavanaugh was better than this. yes it is so bad i now have a drastically lower opinion of brett kavanaugh. here to explain what happened is a professor of constitutional law in new york university, and cohost of his strictly podcast that in case of full disclosure, my wife is also a cohost of. it was interesting to see, the kind of alarms go off last night, from court watchers. about this, and i think to explain, it may be first we start with what's category of order this is it's not a big fully raise decis...

>> that's exactly right, chris. the shadow docket has received a lot of attention over the last couple of years, but again that whole perception of a relatively moderate or nonpartisan court really only holds if you exclude the shadow docket decision. but, in fact, there's been a lot of shadow docket activity over the course of the last term. these are emergency appeals that are made to the supreme court. and the court makes decisions, often in unsigned, very short opinions where they don't elaborate on their reasoning and don't even know who signed on to what parts of the opinion unless the j...

More conservative justices on the court have the installment of amy coney barrett. can you read into that yet? there was a fair amount of anonymity on cases like fulton. if you look at the cases argued on the regular documents the slivers might suggest more cohesion. if you look at the shadow docket the emergency decisions that are often argued without full oral argument or briefing you begin to see there is a more conservative picture emerging, just not necessarily emerging on the court's regular docket in the shadows, in other cases that don't get a lot of attention. you have to look at the ...

Folks in and around the court world is that something your phones get blown up a little bit about this morning? >> a lot of people suggested it's been on the covers of the major newspapers that maybe this is a more progressive court than we imagine because of its makeup. i don't know that's true. that seems a little overstated especially when you look at these other cases on the shadow docket. these are rare points of unanimity. they don't tell the story the whole story. >> when it comes to the case we have in front of thus morning breaking in the last 15 minutes here as you're watching it liv...