that, she made matters worse because she she cast doubt on the efficacy of testing and she sort of tied herself into an accordion knot. the problem is that she has difficulty explaining imperfect policy. right. right. really taking taking bun one on the chin for this administration. right. that and obviously, you know, it s like, you know, children s hospital of philadelphia can come out and say what they they and lay it all out and have it be data-based and science-based and the cdc is not able to do that. i guess it s frustrating in many ways but you know, part of all this is the biden administration as you know, dr. reiner, fight for these vaccine mandates. and it appears that the supreme court is getting ready to reject biden s vaccine requirement for businesses with 100-or-more employees. i want to play an exchange we heard with conservative justice sam yell alito. essentially, unvaccinated
of course, just last month, the court 5 of the 4 justices, all a conservatives failed to enjoin a blatantly unconstitutional law in texas that pro hibtss all that prohibits all abortions. there s women who are pregnant in texas, right now, who cannot secure their constitutional rights. so, yes, when you look at that i think it s not surprising that people are not super psyched about the court. but here s the thing. people s criticisms of the court are landing. and on so the justices are getting defensive. yesterday it was the right wing justice, sam yell alito, who is suffering from an acute case of fox news brain. he lashed out at the critics of the court, particularly critics
jobs in the same way that justice alito is defending himself and his colleagues doing their job. it s not the normal course of exchange in a liberal democracy, he is using the power of the pulpit to intimidate and incite others to go forward and take up a charge against this individual. it s naming enemies. also, it s, i mean, i agree with that, i also have i think that like adam and steve vladic, the law professor you were referring to who has done great work on this. they, they are in the new to the perry and thrust, we can all criticize each other. the preciousness and thin skinnedness is on display. it s like, hey, grow up dude, this is what it s like. but chris, it s also thin skinnedness for a purpose.
it as an independent institution. now, to me this is an encouraging development. fun trivia fact, shadow docket, coined by a former clerk of john rodgers, not a crazy liberal. and intimidate the court is a choice of words, because it s just criticism. the level will of defensiveness here shows the criticisms of the court are getting to them. they hear it. they know that the public perception of them is bad. and that s a good thing. because guess what justices alito, we live in a liberal democracy and the court is part of the institutions of liberal democracy, apparently people like sam alito want lifetime tenure on the court with zero accountability short of impeachment which has not happened in more than 200 years and along with it, the power and lived time tenure, they don t want to be criticized. tough, buddy, that s not the way it works in the country. in a liberal democracy and free
of the shadow docket, that s the process by which the supreme court decides emergency cases without revealing the reasoning. they don t issue big, um, big decisions. right? now the shadow docket has always existed. the thing is, this court has massively expanded it and also used it in obviously ideological ways. because they used it to inconsistentlier for cases with huge stakes. like last month when access to abortion in texas was cut off and five justices shrugged and said is, nothing we can do. we can all see what they are doing. justice alito however, said it s not happening. the catchy and sinister term shadow docket has been used to portray the court as having been captured by a dangerous kabal that resorts to sneaky actions to get its ways and it feeds unprecedented efforts to intimidate the court or damage