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A Conversation with Supreme Court Justice Neil Gorsuch
Justice Samuel Alito pushed back Thursday against criticism, including some from colleagues, that recent Supreme Court actions in major cases have been done hastily and in the shadows. Hardly, he said. Alito, in remarks at the University of Notre Dame, took aim at critics of three recent decisions in which the court's conservatives prevailed over dissents by liberals. In rapid succession beginning in late August, the court reinstated a Trump-era immigration program, allowed evictions that had been paused by the coronavirus pandemic to resume and let a Texas law severely limiting abortion go into effect.
All three cases came to the court as emergency motions and were decided quickly and without the court's more typical full briefing and oral argument. That process has been called the court's "shadow docket. He added: "My complaint concerns all the media and political talk about our sinister 'shadow docket. Alito noted that it's not up to the court but to the parties in cases to decide when they bring emergency motions.
He said the recent criticism has suggested that "a dangerous cabal is deciding important issues in a novel, secretive, improper way in the middle of the night, hidden from public view, without waiting for the lower courts to consider the issues. The string of recent emergency decisions began with a vote to reinstate a Trump administration program that forces people to wait in Mexico while seeking asylum in the United States. A majority of the court said the Biden administration likely violated federal law in trying to end the program.
Days later, the justices, again on a vote, blocked the Biden administration from enforcing a temporary ban on evictions that was put in place because of the coronavirus pandemic. Most recently, the high court on a vote declined to block a Texas law that has resulted in a near-total ban on abortion in the state. The unsigned majority opinion in that case was issued around midnight and wasn't even two full pages. Unlike the previous two emergency cases, Chief Justice John Roberts joined his liberal colleagues. Alito said it was "false and inflammatory" for critics to claim that the conservatives in the Texas case effectively nullified the landmark Roe v. The arguments will be live-streamed beginning at pm.
The State Judicial Nominating Commission, which is responsible for selecting nominees for appointment to the Iowa Court of Appeals, announced today it will begin accepting applications for the vacancy on the court that will occur when Judge Michael R. Mullins retires on January 13, The Commission received notice of the vacancy from Governor Reynolds on September 23, The Commission has sixty days to send a slate of nominees to the Governor, who makes appointments to the court. The Iowa Judicial Branch dedicates itself to providing independent and accessible forums for fair and prompt resolution of disputes, administering justice under law equally to all persons.
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