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What Roman Mars Can Learn About Con Law

56- Shadow Docket

What Roman Mars Can Learn About Con Law

Roman Mars

Government

4.84.1K Ratings

🗓️ 9 September 2021

⏱️ 33 minutes

🧾️ Download transcript

Summary

The Shadow Docket, Texas's SB 8, and the state of abortion rights in the US

Transcript

Click on a timestamp to play from that location

0:00.0

Okay, so we're recording this on Monday at 11.45 a.m.

0:04.2

We're meeting as a sort of special session. So what do you want to talk about today?

0:09.0

We're gonna talk about legal procedure. I know that sounds really boring

0:15.4

But I've learned not from you. We won't be boring from you

0:19.1

But I promise I'm gonna show you why it's actually pretty interesting and maybe sometimes just as important or even more important than the

0:26.7

Right stuff that we talk about. Okay cool

0:30.2

So when we think about the US Supreme Court and when it decides important and particularly controversial issues

0:37.6

What we're talking about is what's called its merits docket docket just means it's list of legal proceedings

0:44.4

So every year

0:46.4

Literally thousands of people who have lost their legal case ask the Supreme Court to hear their case

0:52.8

You know what's happened here is that somebody has lost a case could be civil or criminal and the case started at

1:00.7

State Court or federal court and then went up to an appeals court and then sometimes even to a state Supreme Court

1:07.2

And so by the time a losing party says hey Supreme Court, please hear my case a lot of courts have already weighed it

1:13.9

They've already said you know we've decided against you or maybe at some level they said they've decided for you

1:18.7

But at any point by the time you get to the Supreme Court, you're usually a loser. You want someone to hear your case one last time

1:25.9

Of those thousands of cases the Supreme Court decides to hear about

1:30.6

60 to 70 a year so not that many and when it comes to those kinds of cases whether we're talking about

1:36.6

Individual rights or the power of the federal government to make laws the Supreme Court has the two sides submit usually two rounds of legal briefs

1:45.2

These are written arguments about why they should win and then there's an oral argument that's scheduled months in advance

1:52.8

When it comes to really high profile cases the ones that we all read about in the newspapers

1:57.2

You might also get several amicus or friend of the court briefs

2:01.4

These are legal briefs that are written by the parties who aren't part of the case

...

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