THE SUPREME COURT THREATENS THE RULE OF LAW

QUICK READ:

The Supreme Court’s ultra conservatives are misusing the shadow docket to make highly unpopular, and even unconstitutional law. The latest example is its nullification, in an unsigned order without explanation, of the constitutional rights of millions of American women to reproductive choice. Congress must prevent this raw exercise of judicial power which is antithetical to self-government and the rule of law .

TAKE ACTION NOW:

Action One: Call the Senate
Action Two: Call the House
Action Three

BACKGROUND

On September 2, the Supreme Court, the government’s unelected branch, essentially overruled Roe, without district or appellate review of the merits, briefs and oral argument, and signed opinions justifying the justices’ conclusions—which is the way the Court is supposed to operate.

This is the latest example of the Court’s highly partisan, unpopular legislating through the “shadow docket” which became common after Republicans packed it with ultra-conservatives:

Since Biden’s election, it interfered with CDC’s public health crisis decision-making, reinstated Trump’s “remain in Mexico policy,” and ended federal eviction moratorium.
The Trump administration requested 41 stays of adverse lower court actions in 4 years, compared to 8 from 2000-2017
Some of the most consequential of the 28 granted involved border wall freezes, controversial immigration changes, and the reinstituted death penalty—allowing policies never upheld by courts to remain in place for years

What right or important government policy will fall next?

Congress must exercise its constitutional authority to curb this raw exercise of judicial power, which is antithetical to self-government, by passing the Judiciary Act, which expands the Court from 9 to 13 members, and drastically curtailing the issues the shadow docket can consider.

ACTION One: Call the Senate.

Script for Oregon Senators

SEN. MERKLEY: Portland office: 503-326-3386 | D.C. office: 202-224-3753

My name is [--] and I'm a constituent from [city], Oregon [zip code].

Through its misuse of the shadow docket, the ultraconservative Supreme Court majority has been making substantive law that would never pass Congress, such as overruling Roe v. Wade. Congress must reassert its constitutional authority over the Court by:

Severely curtailing what cases can be considered on the shadow docket
Rebalancing the Court through passage of the Judiciary Act
Enacting the Women’s Health Protection Act (S.1975) These urgent matters also require swift elimination of the filibuster.

SEN. WYDEN: Portland office: 503-326-7525 | D.C. office: 202-224-5244

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Through its misuse of the shadow docket, the ultraconservative Supreme Court majority has been making substantive law that would never pass Congress, such as overruling Roe v. Wade. Congress must reassert its constitutional authority over the Court by:

Severely curtailing what cases can be considered on the shadow docket
Rebalancing the Court through passage of the Judiciary Act
Enacting the Women’s Health Protection Act (S.1975) These urgent matters also require swift elimination of the filibuster.

Script for Republican Senators

D.C switchboard: 202-224-3121

My name is [–] and I’m a constituent from [city], [state], [zip code].

As a member sworn to uphold the Constitution, you should be aghast at the ways in which the Supreme Court is misusing the shadow docket to make substantive law. I urge you to reassert Congress’ constitutional authority over the Court by agreeing to severely curtail what cases it can consider on the shadow docket.

ACTION TWO: Call the House.

Look up your rep.

Script for Suzanne Bonamici (OR-01)

Oregon office: 503-469-6010 | DC office: 202-225-0855

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Through its misuse of the shadow docket, the ultraconservative Supreme Court majority has been making substantive law that would never pass Congress, such as overruling Roe v. Wade. Congress must reassert its constitutional authority over the Court by:

Severely curtailing what cases can be considered on the shadow docket
Rebalancing the Court through passage of the Judiciary Act
Enacting the Women’s Health Protection Act (S.1975)

Script for Cliff Bentz (OR-02)

Medford office: 541-776-4646 | DC office: 202-225-6730

My name is [–] and I’m a constituent from [city], Oregon [zip code].

As a member sworn to uphold the Constitution, you should be aghast at the ways in which the Supreme Court is misusing the shadow docket to make substantive law. I urge you to reassert Congress’ constitutional authority over the Court by agreeing to severely curtail what cases it can consider on the shadow docket.

Script for Earl Blumenauer (OR-03)

Oregon office: 503-231-2300 | DC office: 202-225-4811

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Through its misuse of the shadow docket, the ultraconservative Supreme Court majority has been making substantive law that would never pass Congress, such as overruling Roe v. Wade. Congress must reassert its constitutional authority over the Court by:

Severely curtailing what cases can be considered on the shadow docket
Rebalancing the Court through passage of the Judiciary Act
Enacting the Women’s Health Protection Act (S.1975)

Script for Peter DeFazio (OR-04)

Eugene office: 541-465-6732 | DC office: 202-225-6416

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Through its misuse of the shadow docket, the ultraconservative Supreme Court majority has been making substantive law that would never pass Congress, such as overruling Roe v. Wade. Congress must reassert its constitutional authority over the Court by:

Severely curtailing what cases can be considered on the shadow docket
Rebalancing the Court through passage of the Judiciary Act
Enacting the Women’s Health Protection Act (S.1975) .

Script for Kurt Schrader (OR-05)

Salem office: 503-588-9100 | DC office: 202-225-5711

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Through its misuse of the shadow docket, the ultraconservative Supreme Court majority has been making substantive law that would never pass Congress, such as overruling Roe v. Wade. Congress must reassert its constitutional authority over the Court by:

Severely curtailing what cases can be considered on the shadow docket
Rebalancing the Court through passage of the Judiciary Act
Enacting the Women’s Health Protection Act (S.1975)

Action Three:

Contact people in California and tell them to vote “no” on the recall and get all their friends to do likewise. If Newsome loses, and Senator Feinstein steps down for health reasons, a MAGA Republican would likely be appointed, and Democrats would lose control of the Senate.

Phonebank to stop the California recall: https://www.mobilize.us/cadems/event/410899

Other opportunities for action include: