Leftists in Congress and their boot-licking sycophants in the news media are accusing the US Supreme Court of making “shadow docket” decisions. The term relates to decisions from the SCOTUS, which are decided outside of its regular docket and without oral arguments. Liberals like Senator Dick Durbin (D-IL), the guy who lied when he said that President Donald Trump called third world nations s*** holes during a meeting at the White House with many other people in the same room, none of whom heard it, complained that SCOTUS was using shadow docket procedures only when it suits them, and he specifically complained about how the High Court denied abortion providers’ request for emergency relief against the Texas Heartbeat Act. I guess Durbin believes that all requests by leftists should be granted just because.
All of this is coming from the Left so that they can build a case, fraudulent or not, against the Court to justify their efforts to pack the SCOTUS with a number of radical leftists so that they can corrupt our Constitution and system of justice forever in the Democrats favor. If the decisions that are being complained about as “shadow docket” went in favor of the left, the death cult Democrats, you can bet the farm that we would never hear a peep out of Dick Durbin. Though he’ll tell you it’s about the process, it’s not and he is lying to you. It’s about getting what he wants.
Durbin is the chairman of the Senate Judiciary Committee. He held a hearing last Wednesday titled, “Texas’s Unconstitutional Abortion Ban and the Role of the Shadow Docket.” What vermin this man is. There is nothing unconstitutional about the Texas abortion ban. States have the right to make their own laws. Durbin, and other members of Congress who either never read the Constitution or simply do not understand it, will argue that the federal government has supremacy over laws of the states, and that is true in the sense that a law was created Constitutionally by the federal government which is a power the federal government seeks and they ask to take that power from the states in the form of an Amendment to the Constitution. The Politically Correct Death Squad never did that for abortion laws. They asked the High Court to create a law for them because they couldn’t do it through the Constitutional process. That’s the truth and anyone who tells you differently is lying.
What is unconstitutional is the Roe v Wade ruling itself being considered the law of the land. The last time I checked, Article I of the Constitution gives the power to create laws to the Congress and not the Judiciary. In Roe vs Wade, the justices on the Supreme Court created an abortion law, something they never had the power to do. If the Politically Correct Death Squad wants to have an abortion law of the land, then they need to ask the states for permission to create such a federal law, to take such a power for itself from the states, in the form of an amendment. But members of Congress like Dick Durbin are too lazy to do that, so they rely on activist courts to do their dirty work for them.
On Thursday, Supreme Court Justice Samuel Alito pushed back at critics condemning the recent “shadow docket” decisions made by the High Court.
Alito made his remarks while giving a lecture on the “emergency docket” at the University of Notre Dame.
Critics point to three controversial cases where the High Court made emergency rulings with many of the liberal justices on the court issuing bitter statements of dissent.
“Our decisions in these three emergency matters have been criticized by those who think we should have decided them the other way, and I have no trouble with fair criticism of the substance of those decisions,” Alito said.
“My complaint concerns all the media and political talk about our sinister shadow docket,” he continued. “The truth of the matter is that there was nothing new or shadowy about the procedures we followed in those cases — it’s hard to see how we could handle most emergency matters any differently.”
Among those decisions were the abortion ban in Texas, ending the unconstitutional eviction moratorium, which the Executive branch did not have the power to create, and a decision to allow the Trump administration immigration restrictions to continue.
Alito reasoned that those three cases came before the Supreme Court as “emergency motions.”
“The Supreme Court and the lower federal courts have a lot of power, but here’s the power they do not have: They do not have the power to make the world stand still while litigation takes place,” Alito said.