the independent state legislator theory. that makes me feel hopeful, but then that means there are a third that don t. do you think that that will make a difference for the 63 conservative court? i think it certainly should if the court is paying attention to all the paper being put in front of them. so look, for the last two years or so, a couple of justices on the supreme court have had some interest in this theory and have given some gas by moving things along on a shadow docket. the way the court handles emergency appeals. that kind of posture, it s kind of a vacuum of information. the game is different now. those amicus briefs came in because of a bipartisan coalition of experts, and key figures stood up to set the record straight. there are 16 on the other side but this is not just the quantity thing it s a quality thing. on the side opposing the , we not only have civil rights groups and government organizations we have current and former federal and state
docket. the way the court handles emergency appeals. that kind of posture, it s kind of a vacuum of information. the game is different now. those amicus briefs came in because of a bipartisan coalition of experts, and key figures stood up to set the record straight. there are 16 on the other side but this is not just the quantity thing it s a quality thing. on the side opposing the , we not only have civil rights groups and government organizations we have current and former federal and state challenges from all parties. we have republican election lawyers. we have flowers of the society, which centers on this path in the first instance. these voices have come together to tell the court what reality is and have said coming out of
the courts s conservative justices. criticizing how the court handles emergency appeals. got to love the shoutout. what do you make of this public positioning to defend the court and alito s response to your work? this is one of the most powerful people. not addressing the criticism of what is called the shadow docket. not that it exists, but yized to make sweeping decisions outside of public scrutiny when there s partisan link. alito giving a trump-like rant, is exactly what i was rite writhing about, the justices behaving they are like partisan figures and behaving like they are above scrutiny. there s no decision that it was to award a scheme by anti-abortion activists to
activists are both burned out and there s also a lot of confusion about the implications of the texas law. it was this blow against reproductive rights, but it was done by the supreme court in this very procedural way, literally in the middle of the night, so it hasn t been, i think, as nationally galvanizing as advocates would hope. i suspect that an outright overturning of roe v. wade will be different, and beyond that, what we seen in countries that recently legalized abortion, in south america, in ireland, is you have a huge activist response to the tragedies that ensue when abortion is illegal. and those are coming. i mean, adam. over the last few weeks, we have seen a few of the courts conservative justices defend the institution and this past week you had justice alito pushing back against an article you wrote for the atlantic, criticizing how the court