♪ Music Playing ♪ >> Coming up on next on "Arizona Horizon", a look at the U.S.

Supreme Court's so-called shadow docket and how it's being used to fast track court decisions.

Also tonight, a new exhibit gives an alternative view of history through the eyes of artists.

And we'll meet the new artistic director of the Arizona-based convergence ballet company those stories and more next on "Arizona Horizon."

>> "Arizona Horizon" is made possible by contributions from the friends of Arizona PBS, members of your public television station.

>> Good evening and welcome to "Arizona Horizon" I am Ted Simons.

A recent report in the mark sometimes unearthed memos and other information that help explain the origins of the high Court's shadow docket.

A now routine process involving the Court making major decisions on a fast track with no apparent deliberation and no reasoning given for their rulings.

To learn more about all that ever we welcome attorney Steven Montoya of Montoya Lucero and pastor.

Good to see you here.

>> Thank you.

>> The Supreme Court's shadow docket.

I had not heard of the term until relatively recently, has this always been a thing or is it a new thing in.

>> It's a very new thing it's approximately a decade old.

Some people will tell you, oh, the Court has always had an emergency docket.

Every court as an emergency docket, that's true.

The Court has always had an emergency docket think it's never operated the way it's operating now.

The Supreme Court is the Court of last resort.

It has the final word not the first word.

In the federal courts, the federal district court has the first word in every case, then it percolates up through the court of appeals to Supreme Court, maybe.

But what is new about the so-called shadow docket is that the Court is actually taking cases away from the district courts, taking cases away from the court appeals before they are adjudicated in the first instance, and entering injunctions that in some ways determine the outcome of the case before any other court considers it.

Now, the emergency docket never operated that way.

And it primarily operated only in reference to death penalty cases.

Hey, you know, we have this person that's going to be executed at midnight, please intervene immediately.

And enjoin the execution.

>> Well, and, again, I think the operative word here is emergency.

>> True.

>> Back in the past as you mentioned if it's a case like that, that's an emergency.

Sounded like everything is coming down the Pike as an emergency all of a sudden.

>> It is an emergency depending on your ideology.

If you, for example, the recent New York times article was dealing with interpretation of the clean water act that I thought was extremely far fetched.

And that I disagreed with.

And that I did not think was a good faith interpretation of the clean water act.

But here is what the supreme court did.

Instead of letting the lower court, which in this case was the D.C.

circuit court of appeals consider the issue nut first instance, it actually swept up the case and enjoined it and, in fact, the way things -- two years later when it finally reached the Court -- the Supreme Court again it was a moot case.

>> Yeah.

>> It was ridiculous.

>> No real debate apparently, according to the New York times no, real debate no.

In-person meetings just a few texts and emails going back and forth.

And that was it.

That's all we nah of the reason here.

>> There were -- the times actually printed I think eight memos that were very cursory, yes.

And they were might have been written by law clerks.

You know, really, this is really scaring me.

I clerked for a federal Judge, too.

And there is an alarming infamous practice in the federal court with all due respect to my beloved federal courts think that these law is clerks these kids right out of law school are making decisions and doing a lot of writing that's also true at the United States Supreme Court.

We know because former law clerks tell us it is.

>> Yeah.

The memo that the New York times published and got ahold of.

We'll talk about the efficacy of that.

But the fact that them got ahold of this is things the memo shows chief justice John Roberts is the big Kahuna here.

>> For two reasons he's the chief justice.

>> Yeah.

>> Second of all, he's the justice that considers temporary appeals or emergency appeals from the D.C.

circuit court where he used to sit.

So it naturally came to him in the first instance.

The not because he was chief justice, but because of his relationship to the D.C.

circuit.

But the tone of his memo, as you are suggesting, was adamant.

>> It sounds like he question surprised this.

He championed this.

He figured out this was the best way to do things and he's been shepherding it along all the way.

>> He did.

And it worked.

He killed the law.

And really, that was -- that was based on an Obama executive order which he vehemently agreed, and I actually coincidentally, agreed with him on his conclusion, but the process that he used to reach that conclusion at that early juncture in the case I thought was reprehensibly.

>> And the New York times suggests that that particular case was a turning point with the shadow docket.

>> It absolutely was.

>> With 20 cases now with the trump administration.

>> Oh, no, more than that.

>> Even more than that?

>> It's been more like 30.

And they have an 80% win rate.

This term the Court has decided as many cases on the shadow docket as it has its traditional merits docket.

>> What is that doing the Court's credibility?

>> It's destroying it.

It is an open wound that is breeding the Court dry.

>> Reporter: Now the justices are publicly debating themselves, which is unheard of in the history of the Supreme Court.

Even among lower court federal judges.

It's really embarrassing.

This morning I was looking -- I was watching a lecture that justice Jackson gave at Yale law school and it was about the shadow docket.

>> Yeah.

>> It's an open wound.

The justices are openly feuding about it.

It's very divisive.

But it's also destroying the rationale for having a Supreme Court.

A court that has to explain itself in writing with every one of its decisions.

We spoke once, there was an immigration decision that the Court just basically reversed the lower court in Los Angeles.

And justice Kavanaugh did give a concurring opinion, saying, hey, race can be among several factors that would justify an investigative stop.

That had no opinion.

Many of the cases have and ask any lawyer, Ted, if you win at the threshold you are much more likely to win at the end.

Another really horrible thing about the shadow docket, is only the elite of society can play that game.

In order to file an emergency appeal before the Supreme Court of the United States, you need a lot of money.

Poor people cannot do that.

Small and medium-sized litigants cannot do that.

It's primarily the government that is able to do that.

>> Reporter: Which has unlimited money and large corporations.

>> So is the shadow docket, is this -- 'cause this become the legacy of the Roberts court?

>> He likes the idea, he likes the idea of everybody gets along we are deliberative and X, Y, and Z. What does this do to that?

>> It that item is a myth.

And might well become his legacy.

>> You think so?

>> I do think so.

And it's a bag legacy I have respect for him personally and I hope more from that.

>> The question of these being leaked the, the fact that they were even leaked, is that a good thing overall?

>> Well, it's a tough question but pill answer question, it's better than the alternative.

If the supreme court is not playing by its own rules and explain every one of its vital decisions then it deserves to be exposed as one of our greatest justices said sunlight is the best medicine.

>> But with the Supreme Court, secrecy has always been a factor and I would think has always been you don't know everything, there is mystery until the reasoning comes out.

There is nothing to solve here.

Having these leaked you think it's a good thing.

>> I do if it's in reference to the shadow docket if the Court is going to operate in the shadows as Brandeis said the streetlight is the best remedy for crime.

We need to shine a light into the shadow, including the shadow docket.

>> Steven Montoya, Montoyo, Lucero and pastor, always a pleasure.

>> Thank you, sir.

♪ Music Playing ♪ >> Long-time local art gallery owner Lisa has a new exhibit titled art is history taking a look at the past by way of art that upends the self-serving histories repeatedly political interesting and wealthy institutions, joining us now is Lisa.

Good too toe sue.

>> Nice to see you it's been a while.

>> Art is history.

The theme here is what?

Erasing history?

Or how history is erased by others?

What's going on here?

>> I think we plan our exhibits about a year, year and a half in advance, sometimes longer.

And I felt that what I was seeing in our world, specifically in had the U.S., was a lot of erasure of history.

Censorship of history.

That I was uncomfortable smith soap general, Kennedy center.

And I started to think about I started to think about how do I learn and I learn through art.

Artists hopefully are not as censored as much as they were in the past.

But it became evident to me I needed to put together a show of works from probably the 18th, 19th, early 20th century and have contemporary artists from the 21st century respond to those images.

>> That's what's going on with the images?

>> Yes.

>> Can we get to some.

>> Sure.

>> One is called anatomy after -- it's a digital pretty think.

Anatomy after Francesco.

>> Okay, so I think that was from maybe the mit 1800s and he was a doctor and he was studying anatomy.

Oh, there you go.

>> Yeah.

>> We found a piece by Vick a contemporary Brazilian artist who decided that he was going to reenact this.

So Vick is working out of right outside of rio De Janeiro and it's all comprised of junk.

And the junk is taken from Rio he worked with young artists to collect the junk and if you took that image and put it on the floor, that's sort of the best way to understand it.

So all of the junk is laid out on the floor.

And Vick's camera is several stories above.

So he's, you know, taking the photograph from maybe two, three stories above.

And he's recreated this image from, you know, the mid 1800s.

>> Wow.

>> And I thought it was interesting just because, you know, we take anatomy for granted these days, but at that time period, you know.

>> Yeah.

>> We were learning.

>> Yes.

And that sounded like the subject there is learning, too.

Our next one a cameo graphic of a Julia Margaret camera.

>> OH.

>> I think we know what a cameo is.

What's a cameo graphic?

>> I think it's cameo graphic is the title that she gave to the whole series.

>> Okay.

>> And it is made of glass and silver.

And if you think about photography and cameras it incorporates glass and silver we debuted in New York in 2013 at the Park Avenue armory.

It was a show about photography and we got a little bit of flack because we were not showing photographs I thought why don't we flip it and concentrate on the photographers instead of what the photographers make.

So it's the whole series of images made of glass cameos of famous photographers from the very first photograph made until, you know, to contemporary times.

>> Very good.

Very good.

All right, another one is called two origins of the world.

And I want to know what is -- what is the message with this one?

>> Okay, so this is Gustav, and the original is Gustav, from 1866.

And the contemporary piece is Enrique, so Gustav was censored in his time in 1866 for this image and I ever to say it was censored on Facebook in contemporary times too.

>> Wow.

>> But the origin of the world is how we were created.

So if you see it's the midsection of a woman, this is an indigenous person with a blank easel maybe go to go rewrite the history because not all art history comes from European history that there can be indigenous history as well it's a blank canvas for him to create something completely new but accurate.

Just a totally different perspective.

>> I got one more for you.

>> Okay.

>> This is from Diane, very famous.

>> Yes.

>> Obviously called or bus twins that's not it.

That's a pleasure of becoming.

No, here we go.

>> This is -- this is the original image is by Diane orbus probably from the 1960s or so.

And the contrary artist is Sandro Miller a photographer.

Do you see anything off with that Ted?

>> It's a little bit, yeah.

>> I mean, if you look at the hands they are dark sort of hairy, spotted hands.

And the artist worked with John malkovich, the actor John malkovich.

That's actually John, both of those images.

>> The one on the right looks like him.

The one on the left I am hot sure.

>> They did an amazing job recreating the famous photographs.

>> We are talking about art and walking about photographs and a message.

Do the messages get through?

I mean, how do you know the Mets since getting through?

>> You don't know, you can just educate.

If we don't know our history I don't know how we move forward.

>> Last question for those that see the exhibit at your gallery.

You have had it for so long, congratulations.

>> 41 years.

>> 41 years.

>> Yes.

>> What message do you want them to leave with?

>> Just to understand how important history is and that people can learn through visual art.

If you gave me a history book about any of these subjects no images, no pictures, I wouldn't have retained it.

But if you give me an image it's my way of jumping off point to learn about it in-depth.

>> Art is history, Lisa, Lisa gallery.

Good to see you again.

>> Thanks for having me.

>> You bet.

>> Okay.

♪ Music Playing ♪ ♪ Music Playing ♪ >> The Phoenix-based convergence ballet presents its spring performance this week, the program is titled a space before and it features the company's new artistic director Ian Parsons, in what is described as a evening of metamorphous, we welcome you to "Arizona Horizon."

>> Thank you for having me.

>> Convergence ballet is that new company, old.

>> It's actually been around since 2010.

Officially started as a summer company for dance nurse area in the United States when the summer rolls around dancer go on summer layoffs before the season restarts in the fall.

And often with nothing to do that's how it started, our founder start first degree up in 2020 with that in mind and it's morphed over the years.

>> Why did you decide to take the job as artistic director?

I was inspired by the visit I had.

I apply for the job to run convergence and the school ballet theater the Phoenix.

I want to say almost two careers ago now.

That's how much the immigration thing has been going along for.

I was inspired when I visited here by the, not the only students at the school, but also also by the dedication and artistry of the Dan percent and I really enjoyed the smaller scale.

We are only about 10, 12 dancers.

>> You mentioned smaller scale, you were with Canada's national ballet school, correct?

>> I was for 10 years being a faculty member for 10 years there.

>> You are no lowering with them.

Full-time here.

>> I am full-time, here, actually as of a few weeks ago a U.S.

permanent respite did he want.

>> Good for you.

Welcome.

>> Thank you.

>> The feature debut is called the space before.

>> Yes.

>> What is going on here?

>> The space before something new happens.

Before we take a step off the cliff onto a new precipice, because with any artistic endeavor, especially in a ballet company.

When a new leader takes over, there is, you know, sometimes a change in esthetic, sometimes a change in direction, but also honoring what came before.

So I guess you could say we are before something new.

But also acknowledging what came before.

>> Thus an evening of metamorphosis.

>> Exactly.

How do you show that as far as ballet is concerned?

>> We are showing five new works four of which are my choreographies and one is by Peggy baker who is a luminaire any contemporary dance in Canada and she was or any of the residence at the ballet school when he was a student.

She taught me everything I know about contemporary dance.

I danced in the work of hers that we are doing 20 years ago.

>> So and, again, it's described as going through -- all through kinds of emotional landscape this is metamorphosis.

>> We have a huge variety in the program.

We can from pastoral and melancholic in crazy baroque music which is rearrangements of Pete the songs and sort somebody's fever dream and it really runs the gamut.

It's a ream really exciting show.

>> But it's considered a joyful celebration of dance.

>> Oh, yes.

>> Some emotion can't be all joyful.

>> No, no, we had one of our final run throughs earlier this afternoon and there was one piece called the field before it spoke and at the very end of the piece I had to tell the dancers you can smile in the curtain call because they were just so touched by the emotion behind it and the relationships they created with each other in work.

>> I have also read this is cord convergence ballet at a turning point itself.

>> Yes.

>> What does that mean?

>> It basically means that I am here now, I am really excited to work with the company.

And excited to meet the Phoenix art audiences and I have some ideas of things that I would like to do with the company.

And things I would like us to perform.

Things that I would like to create.

It really is a new chapter so to speak.

>> I want to get more stuff here.

But dates and times?

>> Sunday April 26th at 6:00 p.m.

at the door ends theater which is downtown on Washington street which is ballet Arizona.

>> Bullet Arizona afternoons on spot in Washington.

Okay.

I want to ask you some things.

We have a couple of minutes.

>> Yeah.

>> How are themes presented in ballet?

>> Do you know we were having a very interesting conversation myself and our dancers a company of days ago.

The thing that I enjoy about dance and the reason why I think a lot of people are drawn to dance as the universal language is that it is not so easy to tell somebody exactly what is happening or how to feel.

It's very much because we don't have the power of spoken language, it's very much open to interpretation by an audience watching it.

So sometimes even when I am creating, I don't necessarily go in with any idea except a piece of music and maybe a few images that I want to create on the stage.

And that image evokes something in me and I am hoping it evokes something in the audience it, it might not necessarily be what I am think something with that in mind what advice do you have for those going to a ballet for the first time I can maybe not and they are sitting there and know what is happening is really cool.

They don't just think they are getting it?

>> I say there's often -- there is no correct way to get it.

I feel like especially ballet and classical ballet has sort of -- it's gotten this reputation as being very elitist and you can only understand it if you are a diehard and that is Absolutely not true.

Like when Lisa was talking about the beautiful works in the segment just before at her gallery, it's -- you will all carry something very different away I have everybody had conversations with my parents after performances and that I was in or of my work where they had a completely different idea than what I -- what I thought about and I said, hey, I actually like your idea a lot, too.

>> If that's what you believe, that's good enough.

>> 100 percent.

>> Ian Parsons again convergence ballet artistic director once again date and time.

>> 20 the 26 at 6:00 p.m.

at the door ends theater.

>> It's the space before.

Welcome to Arizona, good it was you here.

>> Thank you very much.

>> And that's it for now.

I am Ted Simons, thank you so much for joining us.

You have a great evening.

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