Alito rebuffs criticism of Supreme Court's "shadow docket" and says justices aren't "dangerous cabal"
https://www.cbsnews.com/news/samuel-alito-supreme-court-shadow-docket-dangerous-cabal/
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. "A dangerous cabal" improperly deciding important matters? 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.
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."
"Our decisions in these three emergency matters have been criticized by those who think we should have decided them the other way, and I have no trouble with fair criticism of the substance of those decisions," Alito said.
He added: "My complaint concerns all the media and political talk about our sinister 'shadow docket.' The truth of the matter is that there was nothing new or shadowy about the procedures we followed in those cases - it's hard to see how we could handle most emergency matters any differently."
It was also in that decision that Alito's colleague, Justice Elena Kagan, said the majority's ruling "illustrates just how far the Court's 'shadow-docket' decisions may depart from the usual principles of appellate process."
The majority made a significant ruling without any guidance from an appeals court and then after reviewing "only the most cursory party submissions, and then only hastily," Kagan wrote. She accused her colleagues of barely bothering to explain their conclusion.
Roberts also criticized the case's path to the court, saying the justices were asked to "resolve these novel questions - at least preliminarily - in the first instance, in the course of two days" without oral argument, additional briefs and guidance from lower courts.
Alito went through and rejected 10 different criticisms of the court's emergency practices, from the argument that emergency orders are "secretive" to the fact that they aren't typically signed by the justice who wrote them.
**it seems we have some infighting in SCOTUS happening