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MSNBC The Last Word With Lawrence ODonnell June 4, 2024 05:39:00

Supreme court that we saw the justices rely on, unsigned, unexplained rulings, the heart of the shadow docket so affton. but there is certainly those correlations there, where you see the court become more comfortable using this particular means of decision-making, and especially in 2018 when justice kavanaugh replace justice anthony kennedy. and then again in 2020 when justice barrett replaced ginsburg. ginsburg had been there for a while, but now that there is this very reliable, consistent conservative majority, a lot of the previous limits, whether they were norms, whether they were legal principles, that really kept the court from using these rulings the way that they have in the last five or six years. and it s gone by the wayside. this shadowy way of operating in their actual duties, it seems to have a mirror in their approach to ethics on the supreme court, which is also something that s going on, violations of which ....

Shadow Docket , Decision Making , Anthony Kennedy , Supreme Court Of The United States , The Wayside ,

MSNBC The Last Word With Lawrence ODonnell June 4, 2024 05:41:00

Unexplained orders, it s both reflections of a court that just feels increasingly unaccountable, increasingly not beholden to the page political branches, increasingly unafraid that that misbehavior, whether it s on the docket or off the dock, it is going to provoke any pushback or consequences. what are some of the levers that congress had used in the past? one of the only examples i can think of in my very immature history of this is franklin roosevelt s proposing an expansion of the court, which wasn t at all popular even within his own party, and vice president was opposed to it. there is a historical reading of that that says that yes, he proposed expanding the supreme court, didn t get anywhere. the supreme court then started ruling in his favor, in the kinds of cases where they had been ruling against him, which is what provokes him to suggest expanding the supreme court. lawrence, i think you re exactly right that the 1937 episode was an example of political pressure pushin ....

U S Congress , Franklin Roosevelt , Supreme Court Of The United States , It Didn T , Vice President , Wasn T , Lawrence O Donnell ,

MSNBC The Rachel Maddow Show June 4, 2024 01:47:00

Emergency applications and what is really most hard to see until you put them all together is the neutral legal principles that people might try to say explain these rulings fall apart when you look at the whole data set, fall apart when you compare trump rulings to biden rulings. when you compare how they treat covid mitigation measures in blue states to red states. it s not that the court can t have an emergency power. we need it to whether in an execution context or otherwise. it is that we ve normalized the emergency and the procedures for emergency which are very short trip procedures. and even worse than that the justices themselves are now actually insisting some of these unsigned, unexplained rulings are precedence, chastising lower courts for having the temerity to not follow an unsigned, unexplained decision. as you say, it is important for them to have an emergency process of some kind. but that was one of the things that made it not such a big deal. there was kind of less ....

Biden Rulings , Emergency Applications , Data Set , Federal Court , Trump Rulings , Red States , Emergency Power , Chastising Lower Courts , Emergency Process ,

MSNBC The Rachel Maddow Show June 4, 2024 04:48:00

Rulings. fall apart when you look at the whole data set. fall apart when you compare trump rulings to biden rowlands. when you compare how they treat covid measures and blue, states versus red states. so it s not the core can t have an emergency power. we needed to, when it s an execution process, or otherwise. it s that we ve normalized the emergency. and we ve normalized the procedures for emergency which are very short, swift procedures. and even what than that, the justices themselves are now insisting that some of these unsigned, unexplained rulings are precedents. chastising lower courts to having the temerity to not follow the unsigned unexplained decision. that was some of the. i should say it s important for them to have an emergency process or some kind. but that was one of the things that made it not such a big deal. that there was less process, less certainty and visibility and machinations of the courts around the sort of emergency actions. they weren t meant to be setti ....

Biden Rowlands , Red States , Trump Rulings , Data Set , Emergency Power , Execution Process , Courts Normal Process , Down Cycle , Emergency Process , Chastising Lower Courts , They Weren T , Emergency Actions , Sobriety Anybody , Setting Precedent ,

MSNBC The Rachel Maddow Show June 4, 2024 08:42:00

Supreme court now does in real life. they are now taking up fewer cases that way than they have since the civil war. instead they are doing things a different way, a way they don t like to talk about, a way they don t like to be criticized for. it is what used to be a rarely used system in which the supreme court would take up cases as emergencies. and because they were emergencies the court would have to move fast. they d have no time for oral arguments, no time for full briefing from the two sides. the justices would take up this thing on an emergency basis, decide however they wanted to decide it and just announce their ruling in a bare bones way. often the ruling would be anonymous. you wouldn t know who wrote it. unsigned. often it offers no explanation at all for why the ruling is the way it is. it is just a thumbs up or thumbs down with no discussion. this is something that used to be kept in reserve for special ....

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