Justice Stephen Breyer Is NOT A Fan Of The Supreme Court's 'Shadow Docket'
Tell us how you really feel, Justice Breyer.
(Photo by Chip Somodevilla/Getty Images)
The truth is, in that matter that we had before us, it was a procedural question. We didn’t get to the merits of the law.
And one of my objections, which was pretty strong … is when we have an important case like that, even if it’s procedural, we should have a full proceeding, and not decide it just on the basis of an emergency motion, which it was.
— Justice Stephen Breyer, in pointed remarks given about the Supreme Court’s near-midnight “shadow docket” refusal to block a law prohibiting abortions after six weeks in Texas, during an interview with Stephen Colbert on The Late Show. Justice Breyer dissented to the decision, without adding the traditional “respectfully” his dissent. Watch the footage, below.
Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.
