Chuck Grassley (R-Iowa), ranking member of the Senate Judiciary Committee, called the Supreme Court’s usual procedures such as the emergency docket (when the court hears last-minute cases in a short time frame) as a “shadow docket” at the latest. It is an attempt by Democrats to change public opinion about the Court so that they can add more justice.
“Some Democrats have said that the court needs to correct itself before the public demand that the court be reorganized to reduce the impact of politics. That is a fancy way of saying if the rules don’t change. , then they will try to pack the court. This campaign against the court and against individual justice has hurt the public. Dishonest rhetoric doesn’t help the American people understand the issues. I want to attack our judiciary. Will continue to fight against partisan efforts by black money groups,” Grassley said.
Senate Judiciary Committee Chairman Dick Durbin (D-Ill.), however, argued that the emergency docket is to be used only when “the party seeking relief is likely to prevail and cause irreparable harm if temporary relief is likely to occur.” . not granted.”
“The Supreme Court has now shown that it is ready to allow even face unconstitutional laws to take effect. When legislation is combined with certain ideological priorities, the constitutional rights of millions of Americans should not be snatched away in the dark of night , even in the Supreme Court. That’s exactly what happened when…the Supreme Court delivered its verdict at midnight on September 1, and the Supreme Court allowed it,” Durbin said.
Durbin was referring to the Supreme Court’s decision on a law passed by the Texas legislature that prohibits most abortions after the sixth week of pregnancy.
In response to the Texas abortion law, abortion providers and advocates alleged that the law was unconstitutional in light of the Supreme Court’s 1973 decision in Roe v. Wade. Whole Women’s Health, Planned Parenthood of Greater Texas, and other providers asked the Supreme Court to block the Texas law from taking effect, in an emergency appeal after the district court quashed the state’s appeal.
In a 5 to 4 decision (PDF), the Supreme Court said it would allow Texas law to stand up to a lower court battle, whether constitutional.
Texas law prohibits doctors from performing abortions unless they have tried to detect a fetal heartbeat and have been unable to do so. Only if a heartbeat cannot be detected, can a doctor perform an abortion, unless there is a medical emergency.
Durbin convened Tuesday’s hearing to consider whether the Supreme Court emergency docket in favor of the Texas abortion law has ruled that the highest court in the country needs to change or reorganize its procedures.
“It is already too late for many Texans, whose rights have been suspended, and who have been forced to leave the state to seek reproductive health care,[that]the Constitution already guaranteed them But it is not too late for the rest of the country and the courts to change course,” Durbin said.
Republicans say the emergency docket is not extraordinary or secret, but has its place in the judicial process.
Sen. Ted Cruz said, “What they are calling a shadow docket is the normal operation of every court that has existed since the ratification of our Constitution, be it a District Court, a Court of Appeals, or the United States of America.” Supreme Court.” (R-Texas).
“Without the emergency docket of the Supreme Court, how can the litigants whose fundamental rights are at stake, get immediate relief?” Grassley asked Alabama Solicitor General Edmund Gerard LaCour.
“They can demand it from the lower courts, but there is no principled reason why the lower court should have the last word, unlike the Supreme Court,” Lacore replied.
Democrats argue that emergency docket use has increased since former President Donald Trump was elected, but testimony (PDF) from the committee’s Texas School of Law professor Stephen Vladeck shows that the emergency procedure has been used by the Court. Started going up in 2014, and continued to go up after President Joe Biden was elected.
Vladeck said, “For a court that clearly defines its legitimacy by its ability to provide principled justification for its decisions, its inability—in fact its refusal to do so over the shadow docket—is up to the rule of law.” has an equally troubling effect.”
Sen. Josh Hawley (R-Mo.) echoed the assessment that Democrats want to reconstitute the Supreme Court because of a conservative majority on the court.
“This hearing is about threatening an institution of our government to govern the way the extreme left of the Democrat Party wants to rule,” Hawley said.
Hawley further said that Democrats have gone to the extreme left by passing the Women’s Health Protection Act, which would allow abortions for up to nine months if a doctor thinks the woman’s health is at risk. A Democrat joins Republicans to oppose the abortion bill.
But Democrats argue a national abortion law is broader than Roe v Wade because of the restrictive abortion laws states such as Texas are enacting.
“Safety in this measure is needed more than ever in our history because an avalanche of restrictive, reprehensible state laws are significantly undermining fundamental health care rights,” Sen. Richard Blumenthal (D-Conn.) said in a press statement in September. I praised the Women’s Health Protection Act
Meanwhile, Speaker Nancy Pelosi (D-Calif.) said Democrats would make a decision about whether to extend the Court after the Biden-appointed panel released its report on the legal implications of doing so.
This News Originally From – The Epoch Times