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What Roman Mars Can Learn About Con Law

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.

0:04.0

we're meeting as a sort of special session.

0:07.0

So what do you want to talk about today?

0:09.0

We're going to talk about legal procedure.

0:12.0

I know that sounds really boring. But I've learned not from you. It won't be boring from you. But I promise. I'm going to show you why it's actually pretty interesting and maybe sometimes just as important or even more important than the right stuff that we talk about.

0:29.0

Okay?

0:30.0

So when we think about the US Supreme Court and when it decides important or in particularly controversial issues, what we're talking about is what's called its merits docket.

0:41.6

Docket just means its list of legal proceedings. So every year, literally

0:46.8

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

0:53.0

You know, what's happened here is that somebody has lost a case, could be civil or criminal,

0:59.0

and the case started at state court or federal court, and then went up to an appeals court and then sometimes even to a state Supreme Court.

1:07.5

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

1:13.5

weighed it. They've already said, you know, we've decided against you or

1:16.7

maybe at some level they said they've decided for you, but at any point,

1:19.6

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

1:26.2

Of those thousands of cases the Supreme Court decides to hear about 60 to 70 a year, so not that many.

1:33.5

And when it comes to those kinds of cases,

1:35.4

whether we're talking about individual rights

1:37.7

or the power of the federal government to make laws,

1:41.3

the Supreme Court has the two sides submit usually two rounds of legal briefs.

1:45.9

These are written arguments about why they should win, and then there's an oral argument that's

1:50.8

scheduled months in advance.

...

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