In Texas abortion cases, hints of new Supreme Court transparency

In a marathon three hours of oral arguments today, the United States Supreme Court continued its rapid handling of a controversial Texas law that effectively outlaws abortion in the state.

The constitutional right to abortion is not at issue, but two cases brought in front of the court at breakneck speed still raise significant questions about the judicial review process and the constitutional doctrine of federal law’s supremacy over state legislation. More broadly, the cases represent another move from the justices toward increased transparency, on the heels of widespread criticism earlier this fall for their handling of the same Texas law on the court’s so-called “shadow docket.”

Two months ago, the court declined to block the Texas law known as Senate Bill 8 (SB8) from going into effect pending court review in an unsigned, one-and-a-half page issued late at night.” – those cases, often emergency requests, the court hears without full briefing or argument – it prompted widespread criticism, including from Justice Elena Kagan in dissent, of the court’s increasing use of the shadow docket to decide significant issues outside of public view.