The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic
by Stephen Vladeck
ISBN 13: 978-1541602632
Book description

An instant New York Times bestseller: An acclaimed legal scholar’s “important” (New York Times) and “fascinating” (Economist) exposĂ© of how the Supreme Court uses unsigned and unexplained orders to change the law behind closed doors. The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. The Court’s conservative majority has used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck. In this rigorous yet accessible book, he issues an urgent call to bring the Court back into the light.


Recommended on 1 episode:

Two Attorneys Rank the Severity of Trump’s Indictments
With four ongoing criminal investigations, Donald Trump is the most indicted president in U.S. history. After years of defying unwritten norms, he will now be subject to a criminal justice system defined by norms and precedents. What does due process look like for a former president? Ken White is a former federal prosecutor, a practicing criminal defense lawyer and a co-host of the podcast “Serious Trouble.” He writes the popular newsletter The Popehat Report, extensively covering the ins and outs of criminal trials. Among the many commentators on Trump’s unprecedented legal troubles, White stands out for his “lawsplainers,” which analyze the gap between what the law says and what it actually does. This conversation walks through each of the four major criminal cases against Trump. Our guest host David French asks White why he loathes the overuse of the RICO statute and whether it was appropriately used in the Georgia election interference indictment. They also discuss the Florida judge whose “functionally lawless” decision halted parts of the Mar-a-Lago investigation, White’s view that prosecutors can get away with much more in state court than in federal court, how the district attorney in the Georgia case is approaching this “circuslike” indictment, why Trump’s legal intent is both more and less complicated than the public discourse suggests and much more. This episode was hosted by David French, a columnist at The New York Times. Previously, he was a senior editor and co-founder of The Dispatch and a contributing writer at The Atlantic. This episode contains strong language.
Ken White Sept. 26, 2023 3 books recommended
View
by @zachbellay