
04-14-22: Shadow Court, Nat. Healthcare Dec. Day, Palabaras
Season 2022 Episode 74 | 27mVideo has Closed Captions
SCOTUS justices accused of abusing "Shadow Docket." Nat. Healthcare Dec. Day. "Palabras."
Conservative members of the Supreme Court are accused of abusing the "Shadow Docket" and jeopardizing the high court's reputation. National Healthcare Decision Day is April 16. It serves to advance awareness of the importance of planned medical care. Palabras Bookstore is Arizona's only bilingual bookstore, which also doubles as an art gallery and a book club center.
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
Arizona Horizon is a local public television program presented by Arizona PBS

04-14-22: Shadow Court, Nat. Healthcare Dec. Day, Palabaras
Season 2022 Episode 74 | 27mVideo has Closed Captions
Conservative members of the Supreme Court are accused of abusing the "Shadow Docket" and jeopardizing the high court's reputation. National Healthcare Decision Day is April 16. It serves to advance awareness of the importance of planned medical care. Palabras Bookstore is Arizona's only bilingual bookstore, which also doubles as an art gallery and a book club center.
Problems playing video? | Closed Captioning Feedback
How to Watch Arizona Horizon
Arizona Horizon is available to stream on pbs.org and the free PBS App, available on iPhone, Apple TV, Android TV, Android smartphones, Amazon Fire TV, Amazon Fire Tablet, Roku, Samsung Smart TV, and Vizio.
Providing Support for PBS.org
Learn Moreabout PBS online sponsorship>> Coming up on Arizona PBS, on Arizona horizon, what is the Supreme Court's shadow doctor and is the high court abusing the procedure?
Is the state prepared to take care of what is expected to be the highest number of Alzheimer's' cases in the country in the coming years?
It's all ahead in the hour on Arizona PBS.
good evening and welcome to Arizona horizon.
They will no longer work with the foundation that organizes presidential debates.
They, quote, refuse to enact simple and common sense reforms to help ensure fair debates and no word on who would organize on who if the Democrats or even if they would agree to a new sponsor.
It shows how former President Trump continues the hold on the G.O.P.
Trump complained about the 2016 and 2020 presidential debates and hinted because of his concerns, republican presidential candidates could withdraw from future debates.
Another state has passed a restrictive abortion bill.
This time it's Florida and bans all abortions after 15 weeks unless there's a medical.
Florida had been one of the most lenient states in the Southeast resulting in women from neighboring states traveling to Florida for the procedure.
It goes into effect on July 1st.
A Russian warship suffering damage by what Ukraine officials say was Ukrainian anti-ship missiles.
This is the flagship of the Russian fleet in the back sea suffering damage due to an explosion that the Pentagon says that's all they know for sure for now.
>> Actually, we're not quite sure what happened here.
We do assess there was an explosion, at least one explosion, on this cruiser, a fairly major one at that, that has caused extensive damage.
It's heading more towards now, we think, the east and we think probably pulling in for repairs.
>> The latest word is that the missile cruiser sank being towed to port.
>> Mortgage rates at 5% and this follows an announcement about plans to increase interest rates at a faster pace to fight inflation and health news, a new study finds even small amounts of exercise can fight depression.
They looked at over a dozen studies involving 190,000 people to determine how much was needed to reduce depression and found adults who did 75 minutes of brisk walks had less depression than those who didn't and the benefits were strongest when someone transitioned from a couch potato to adding movements to their day.
And the conservative wing of the U.S. Supreme Court is being accused of using an emergency docket for nonemergencies.
Chief justiceRoberts criticized this where rulings are issued without full briefings or arguments.
We talked about this with Stephen Montoya.
Good to talk about this and we could get deep in the weeds but clarify the Supreme Court's, U.S. Supreme Court shadow docket.
>> This is not very eventful at all.
For example, if you're overworked and you need an extension in which to file your brief, you have to file a motion with the court and it goes on the court's procedural docket, which is now, since 2015, known as the shadow docket and more complicated than that, but, basically, it's all of the motions for procedural orders from the court that are considered separate and apart from the merit's docket and in the merit's docket, you have oral opinions and in the procedural, you have a one-line order, oftentime.
Motion to extend the time in which to file the brief is granted, for example.
>> OK, so, it sounds like it can be used in emergency cases.
>> True.
The classic case is a death penalty case.
Someone is going to be executed in two days.
You file an emergency motion for a stay of everything execution, classic example.
>> You don't need oral arguments and nothing signed or explained.
>> Correct.
>> The criticism of the current court, they're using that for nonemergency procedures and they are, in fact, abusing that, does that make sense to you?
>> It makes a lot of sense >> I think this all started with the Trump Administration and the president had little to do with it and there was an ingenious individual running the solicitor general during the alteration and he basically started trying to get the court to issue emergency orders regarding lower court decisions that the solicitor general did not like and the court started to take debate.
Others realized, hey, maybe we can follow along this pattern, too, and did and that's why the shadow doctor blossomed and known as the shadow doctor.
>> Justice Elito said it's a sham and hoax and yet the chief justice came out recently and criticized the use of the shadow doctor.
>> He's done it's a couple of times, yeah, and he's right.
And justice Elito is right in recognizing that the court's procedural doctor has always existing for as long as the existence of the court, that's true.
But what's not true is the number of times the court has used the shadow doctor or the procedural doctor to adjudicate super important issues.
Like, for example, I think the most famous issue is the case of whole women's health versus Jackson, the case of the state of Texas saying that all abortions are illegal if they're over six weeks of conception or you know your pregnant.
Regardless of where you come out on Roe versus Wade and it went up to the Supreme Court on a procedural order whether or not to vacate an injunction and that's procedural and the court without issuing a signed opinion that tallied the vote of all of the members, vacated the lower court's injunction and let the Texas low stand even though it flatly contradicted two of the court's precedence.
>> You have chief justice Roberts, not a fan and the liberal court not a fan, especially used in these cases?
What can be done about this?
This is the Supreme Court.
They do as they choose.
>> Well, it's difficult to answer that question and I'll tell you why.
Most people say that Congress could actually statutorily stop the court from doing this, and they may be right.
But it could cause a constitutional crisis, because even though Congress does have some ability to govern the jurisdiction of the Supreme Court of the United States, if it undercuts the core functions of the court, the court might conclude that is an unconstitutional statute.
We're a separate and independent branch of government and you're encroaching on the core functions.
How the court governs procedures might be one of the core, intrinsic functions of the court that Congress could not lawfully circumvent.
>> Last question and relatively quickly here, is this undermining the Supreme Court?
>> Yes, it absolutely is.
The heart of the court's legitimacy is signed by members of the court, yay or nay and this is undermining that.
The shadow docket cases don't go through the regular process of oral arguments and opinions and doing away that undermines the legitimacy of the court, in my opinion.
>> Interestingly and Stephen Montoya, thank you for this.
It's complicated and certainly one to keep an eye on.
Thank you, sir.
>> Thank you.
>> Next, national healthcare decision's day.
>> This is the moment we've all been waiting for and the opportunity to share my story.
>> National healthcare decision's day to empower the public and hell provide es about the importance of advanced care planning.
Tonight as part of our monthly Aasm RP sponsored segment that highlights to older adults, we learn more about healthcare decision's day from internal medical decision Tara Ostrom.
Thank you for join us to talk about national healthcare decision day and what is this decision all about?
>> This is a day to take time to kind of raise the public awareness about the importance of making healthcare decisions for end of life.
Healthcare decisions like, let's say there was a serious accident or injury and what would you want your healthcare to be?
What would you want your loved ones to do?
It's an opportunity to have those conversations and to learn about that.
>> When you talk about advanced care planning, this is what you're talking about, correct?
This is more than a living will but other aspects.
>> Advanced care planning.
What healthcare you want in situations when you're not able to communicate.
>> And so to get this information out to inspire, to educate folks, I would imagine to inspire and educate people, patients and to providers, true?
>> Right.
It's important that patients, family members all just think about this.
People think this is a conversation that you should have when, maybe, just a condition diagnosis and that's not the first time this conversation should happen.
You never know when you're in a car accident or have something unexpected.
It's important to be proactive what's important to you, what you would want done.
>> OK. Give us an example here of someone -- you know, the basics in terms of advanced care planning.
>> The very basics, it kind of comes down to discussing, deciding and documenting.
So having the discussion, having the discussion with your family members, with your doctor, and then kind of making some decisions.
If you were in a situation.
Let's say you were in a car accident or coma and not expected to wake up and you were on life support, in that setting, what would be your decision?
What care do you want?
What care do you not want?
And then taking the time to document that down, capturing what your feelings are and then having them in a document and pick an advocate.
That's something you trust to basically carry out your wishes that you put in the document.
>> And national healthcare decision day is also meant to educate providers, as well, because, you can do everything you said but if the provider is not doing their own deal, the tween won't meet.
>> It doesn't have to be your own wellness visit, but just, hey, I would like more information and where do you get documents like this.
You don't have to wait for your healthcare provider to bring it.
It's a great idea to bring to your visit.
>> Is that the best way to get started like this, with your general healthcare provider?
>> That's one great way, but also, if you want to get started on your own.
You could go ahead and this is like national decision's day.
I know at Optumcare.com/nhdd, we have some resources and some online tools and you could just do this on your own.
In Arizona, you don't need a lawyer or notary to complete these documents.
>> So are there guides out there?
When you go to the websites, are there ways to kind of -- this can be very confusing, doctor, and very complicated and not the kind of thing that everyone really enjoys that much doing.
Are there ways to be guided?
>> I think we have some resources that I referenced on that website and I think one of my favorite ones that I've seen published is called the five wishes, which is something we provide our patients here at Optum care because it's a paper document and great for seniors because they can take it home and you circle and it's much easier than to go into the government website to print those out.
>> Basically what we're talking about here is dis-mystifying the process.
This could be a complicated jungle.
>> People think it's complicated and you need official documents and people didn't do it because they didn't have money for a lawyer.
But just to know that you can go online and you can go to your primary care doctor and a lot of ways to just get these advanced care-planning documents and it didn't have to cost anything.
You can just have those discussions.
They have a lot of my patients who said, oh, my loved ones know what I want, but, yeah, did you write it down?
It's important to have them written down so your wishes are carried out.
>> It's national healthcare decision day and Dr. Tara Ostrom, thank you for being here.
>> Thank you for having me.
[ ♪♪ ] Palabras is a book store that doubles as a community center and art space.
The host of the Arizona PBS show spoke with Rosaaura Chawra Magna.
You started this book store and quoted as saying, to address some of the injustices that immigrants face and elaborate on that.
>> Our stories are not shared and when you think of local history, you don't see a lot of history books about Latino history specifically to this area and we need a space to be able to share our stories.
So I think a book store would be the perfect thing and find community and have a place of belonging.
>> And you talk about having a place of belonging and it's not a book store in going to buy a book and leave but a place where people spend time in a variety of times.
Talk about that.
>> So, at Palabras, we don't make just what we create but a community create it.
And the organizations and can we do a workshop here or can we do a reading here or can we have a group discussion here and so we work with a lot of other different local organizations that would like to share the space.
The space, that's what it is, a welcoming space where people can come and share.
So there's like a place where you can hang out and you don't have to buy your books and leave and we have plenty of seating here and people utilize this as a meet up location, as well.
>> And you have artists who showcase their work there?
>> Yes, so we have a monthly rotating art gallery.
So we have a different artist featured every month and a first Friday event.
>> You have been in a number of locations I know you're excited about your current location and why is that?
>> So this location is different than the previous locations.
This location is more like a home.
When you look at it, you would think it's another house on the street but it has a giant, beautiful mural and a marker for people that live here and this base has a huge backyard area and a community garden and we're utilizing this to redistribute resources and so it's a part of the community resource exchange, so whatever we grow here, we donate to that.
And then, at this space, we share a space with other local businesses.
So the division for me in this space was to connect with the other people that are doing similar work.
You don't necessarily think of businesses as very community focused.
But what we have here are three other local businesses that are also community focused.
>> We should make sure we tell people where this is because it sounds magical.
>> It is magical.
I spend a lot of time here.
It's located at 906 west Roosevelt street off of 9th avenue and Roosevelt.
>> You had five books and talk about the collection now.
>> So I had five books and the idea of creating community space and we did programming at that time where I collected my inventory of books and now we have thousands of books two rooms within this building that we house all of our books in and we have an extensive collection of Spanish language books, as well as English and our focus is representation diversity.
So we focus on featuring black indigenous people of color authors.
>> How was the business impacted by the pandemic?
>> In a lot of ways.
Just because we were very much an in-person-focused business and having that human experience.
And so, we had to do this huge 180 all of a business and encourage people to order from us online in order to survive.
We did a fundraiser for the book stores.
Some friends of mine kept us afloat during that time period and just trying to connect through some versus connect in-person to transition, as well, and then we started events online and now trying to get back into the space of doing events in-person.
>> So one last question.
I read one interview where you were asked what your favorite books are and, of course, you said you couldn't pick any five but ones worth reading and right now, what is the one book today recommend that our viewers would really enjoy and want to read?
>> The one book?
I had gotten in plants and plant medicine.
I'm a big plant nerd and I guess what you would call that.
>> I remember visiting one when I was a kid, so go ahead.
>> So that's what I studied.
I studied western herbalism.
But I also have a garden here in the space and I'm the one doing the gardening.
>> So your focus is on books about plants, herbs and medicine?
>> That's what I'm getting.
>> Hopefully people can find those and good luck on the resurgence and thank you for joining us.
>> Thank you.
>> That is it for now and thank you for joining us and you have a great evening!
Coming up in the next half hour of Arizona PBS, using martial arts to in still confidence in kids.

- News and Public Affairs

Top journalists deliver compelling original analysis of the hour's headlines.

- News and Public Affairs

FRONTLINE is investigative journalism that questions, explains and changes our world.












Support for PBS provided by:
Arizona Horizon is a local public television program presented by Arizona PBS