The "Irreparable Harm" The Supreme Court Causes

Sam and Emma host Steve Vladeck, Chair in Federal Courts at the University of Texas School of Law, to discuss his recent book The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.

Buy Shadow Docket here: https://www.amazon.com/Shadow-Docket-Supreme-Undermine-Republic/dp/1541602633

Steve Vladeck dives right into the distinction between the newly dubbed “Shadow Docket” and the Merit Docket – which involves years of litigation, oral arguments, full decisions and is typically what we think of when we imagine a Supreme Court case – and the longstanding reliance on both dockets, the former for routine and expedited cases, and the latter for cases with material and lasting impact. Vladeck then walks Sam and Emma through the revolution that the shadow docket has undergone during the Post-Trump conservative majority, with the Court expediting the Trump Administration’s challenges whenever requested, and essentially ignoring the processes that gave their institution legitimacy in the first place. After assessing the rather partisan nature of the Court’s recent use of the shadow docket, Sam, Emma, and Steve look at the evolution of the docket and the public’s faith in the Court and emphasize the importance of public pressure in delegitimizing this institution.

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