John —
By now I’m sure that you’ve heard the Supreme Court allowed a Texas law to stand that bans abortion after six weeks. That’s before most women know they’re pregnant, and doesn’t include exceptions in the cases of rape or incest.
The law itself and the decision to let it stand are both outrageous, but what’s just as concerning is the Court’s use of a secretive process - the “shadow docket”, to make this and other sweeping decisions.
Each year the Court hears dozens of cases, with transparent procedures for deciding them. But the Court increasingly makes decisions without the scrutiny of oral arguments and hearings. This shadow docket allowed the Texas abortion ban to activate and froze the Biden administration’s eviction moratorium.
The growing influence of the shadow docket on the Supreme Court concerns me, but I want to hear from you. Do you think that the Supreme Court acting in secret via the shadow docket is harming the transparency of the Supreme Court?
Looking forward to your thoughts,
— Hank Johnson
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