Shadow docket

is i've had to deal with some people you're running windows 7 lately and

oh brother oh boy yes okay so coming up on the shadow docket on our patreon patreon.com slash bob seska show i just wrote down here let's get arrested

I'll

figure out what that means here in a second.

I woke up that they were already trying to kill this woman.

Okay, so number one, this whole business, these rushing to the Supreme Court under the shadow docket that we got to have this now, this is bullshit.

And it's got to stop because that's how the Trump administration has been doing their business with the court is running to one judge that they know will side with them because, you know, they're dumb fucks and right wing pieces of shit.

And they get what they want that way.

The shadow docket has to be eliminated.

But at any rate.

You know, the thing about it is, is that It seems like since Trump's been in office, we're going to the Supreme Court every other day.

How many times do we see people who've been in jail for 20 years? I saw two in the last month released after 20 or 30 years in prison because now we have DNA evidence that completely exonerates them.

So we will get you up to speed on that one.

And third, we all know I love the shadow docket.

Well, this time they ruled against Republicans, so I'm rethinking my position.

Let's dive in.

Um, it's already convoluted, and it kept getting more convoluted.

Elon, what, what would you like to add to this?

And it got there on the shadow docket, the shadowy docket-

Ooh

Why is that important? Because the United States Supreme Court reopens for business.

Sure, they've been working all summer on shadow docket emergency applications and the like, sometimes siding with Donald Trump and mostly siding against him.

But what does that mean for the upcoming term? Will we be seeing the continued rise of Amy Coney Barrett to become the president the center, center right of that court? Is it going to become the Amy Coney Barrett court because she votes more times in the majority than any other justice? What's on the first month of the docket? There's gun laws about teenagers carrying guns.

There's third country immigration removals, free speech for visa holders, and other due process concerns.

We cover it on a podcast on Legal AF we call Unprecedented that I do every week with Lisa Graves, a constitutional scholar and a expert on the John Roberts Court.

And here's a clip.

Why don't we talk about what's still sitting in the shadow docket pile, emergency pile that could come out between now and October 5th? I mean, I know we've got the third country removals issue.

Can Donald Trump continue to dump people in Liberia 3,000 miles away as a punishment? What else are you looking at in the shadow docket that we should keep our eye on?

But they're still open for business.

There's still shadow docket opinions coming out.

We just got one that came out yesterday.

about a big giant doge-like database with all of your and my social security information and details that should never be released now being added in with all sorts of immigration files and some sort of master database.

Why don't you explain what the unsigned decision six to three means that we can talk about the dissent as well?

That's right, Michael.

This is another one of these emergency docket orders, which is really the shadow docket, meaning the court did not have oral argument in public, didn't even have the courtesy of signing it.

It's listed in essence as unanimous by the Republican appointees, the court.

Yeah.

And the other thing is TMZ has reported, and, uh, it's weird that we're talk- especially in the first segment and not on the shadow docket or something, weird that we're talking about a TMZ article, but TMZ reported that it was Natalie Harp's idea to ban CNN, MS Now, and Politico from the White House.

I think, I think part of it was she didn't like them reporting on her.

That's it.

That's right

... gonna be [laughs] 400 in the fucking House.

Shadow docket up next.

Bye bye.

We have some time left.

I wonder if you could give us your opinion on this shadow docket.

It's certainly being used a great deal by this court.

It's really disturbing.

When there's no written opinion, it undermines the total power of the Supreme Court, which should be their logic and opinions and the creation of precedent that a person can rely on.

The public needs to understand how sinister this is because what they have done under the late night guise of overruling injunctions that lower courts have issued, lower courts working assiduously on on facts and on law, writing long opinions.

The Supreme Court, by shadow docket, just overturns that.

It's in every single area.

That's Bloomberg's Chris Strom.

Coming up next, how to fix the Supreme Court's shadow docket.

I'm June Grosso, and you're listening to Bloomberg.

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The Supreme Court's emergency or shadow docket has grown exponentially in size and importance, with rulings in consequential cases often issued without explanation, leaving lower courts to puzzle over their meaning.

Justice Katonji Brown-Jackson is just one of the justices who've criticized the shadow docket for its lack of transparency and accountability.