![]() There's been a briefing about whether the court should grant review. So the court has read the petition for certiorari. They've gone through the whole certiorari process. "But they are cases that have typically been litigated all the way through the lower federal courts and then appeal to the Supreme Court. Cases that are decided on the merits docket, and these are the cases that we typically talk about, on shows like this. So it is distinct from the court's ordinary docket, which is known as the merits docket. And the term is a catchall for a body of the Supreme Court's work that essentially focuses on emergency appeals to the court. Melissa Murray: "The term shadow docket was coined in 2015 by a Chicago law professor, William Baude. And what this law does is essentially chill and deter what is, at least at this point, still constitutional conduct in Texas and throughout the country." It's about what's going to happen on the ground. A lot of this law is not necessarily about what is going to happen in courts. ![]() ![]() And I think that's important to underscore for your listeners. "And so can you imagine being a provider and you've been sued multiple times because you have provided an abortion in Texas. And if you were a physician in Texas, every time you go to renew your license, you have to disclose if you have been sued for something. So the prospect here is of multiple lawsuits throughout the course of a month, or a year or whatnot. And they can be sued every single time they provide an abortion. Melissa Murray: "The way that I read it, you can definitely be sued for providing an abortion. So there are significant incentives for individuals to file these suits against their fellow Texans."Ĭan you be sued for providing an abortion? So, for example, there is a $10,000 bounty if you prevail on one of these suits brought against someone who has provided an abortion or who has quote-unquote, 'aided or abetted an individual in seeking and obtaining an abortion.' And if you prevail in a Texas lawsuit on one of these issues, then you are also entitled to your attorney's fee. "And it provides significant financial incentives to those private citizens to bring these civil suits in Texas state court. ![]() And instead, deputizes private citizens in Texas to sue other Texans for providing abortions, or for even assisting other people in seeking and obtaining an abortion. And more interestingly, it not only prohibits abortion, it actually provides a procedural mechanism that avoids state enforcement of the law. The law prohibits most abortions after about six weeks of pregnancy, and it has no exception for rape or incest, as most abortion laws do. Melissa Murray: "The court's ruling allowed a Texas law, SB8, to go into effect in that state. Author of the Letters from an American newsletter. ( Also Featuredĭror Ladin, senior staff attorney for the ACLU. ( Cox Richardson, professor of American history at Boston College. Co-host of the Strict Scrutiny podcast, which follows the Supreme Court. Melissa Murray, professor of law at New York University. Today, On Point: The Supreme Court's shadow docket. The absence of transparency is what makes the shadow docket so alarming.” “You should definitely care about the shadow docket if you enjoy living in a democracy," Murray says. Heard of it? Both liberal and conservative legal scholars are saying its urgently important to pull the shadow docket into the light. Wade still matters for the state of Texas to be decided on the shadow docket,” NYU's Melissa Murray says. "No one was expecting for the whole question of Roe vs. But! No oral argument, no deliberation, just a snap midnight ruling out of the public eye. The Supreme Court just upheld one of the most restrictive abortion laws in the country. (Erik McGregor/LightRocket via Getty Images) An activist holding a sign outside the Supreme Court in 2019. ![]()
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