"It's only when you get to the Supreme Court that you see these problems start to arise. And it's the use of, this overuse of the shadow docket. You know, by taking these cases and decided them, essentially deciding them, without hearing any oral argument, with any adequate briefing. You know, deciding these really important matters in that way challenges the legitimacy of the court and does an untold amount of damage to the fabric, legal fabric of this nation."
"I think the reality is, and it pains me to say this, I think the Supreme Court is a broken institution and it's something that has to be, I think, a part of the national conversation in '26 and in '28. What are we gonna do about the Supreme Court? And I think that we have to think about, again, talking about the acquisition, the use of power, if there is a Democratic trifecta in 2028"
Eric Holder urged Democrats to pursue Supreme Court reform if they achieve a Democratic trifecta in 2028, arguing the Court is broken and harming the nation's legal fabric. He said district and appeals courts have ruled courageously and correctly regardless of appointing presidents, while problems arise at the Supreme Court. He criticized the overuse of the shadow docket, saying deciding major cases without oral argument or adequate briefing undermines the Court's legitimacy and causes untold damage. He called for national discussion in 2026 and 2028 and proposed term limits at minimum and potentially expanding the Court as possible reforms.
Read at www.mediaite.com
Unable to calculate read time
Collection
[
|
...
]