Today, we’re sharing an episode of the podcast Lever Time with David Sirota from our friends at the investigative news site The Lever. On this week’s episode of Lever Time, David Sirota is joined by law professor Stephen Vladeck, author of the new book, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic."
The Supreme Court has received a lot of attention in the last several years for its extreme rulings on matters such as abortion rights, environmental regulations, and affirmative action. But there’s another very important court procedure that doesn’t receive nearly as much attention: the aptly named “shadow docket.”
These are the cases that occur outside of the court’s regular docket and usually involve urgent matters, such as requests for emergency stays, injunctions, and other types of temporary relief. These cases are often decided through brief orders, meaning without oral arguments, full written opinions, or even disclosing how the justices voted. But in recent years, the court has increasingly used the shadow docket to effectively leapfrog over the appeals court system on major decisions, sometimes with devastating effects.
David and Stephen dive deep into the shadow docket’s history, how it continues to undermine the Supreme Court’s credibility, and how most of these decisions are not based on any kind of legal rationale or precedent.
A transcript of this episode is available here.
Links:
If you like Deconstructed, be sure to search for Lever Time with David Sirota on your podcast player to subscribe.
For a special discount on a full subscription to The Lever’s investigative reporting and news, go to Levernews.com/Deconstructed
Hosted on Acast. See acast.com/privacy for more information.
Dignity in a Digital Age, With Ro Khanna
Introducing Murderville, Texas
Haiti, Smedley Butler, and the Rise of American Empire
Is Biden in the Midst of a World Historic Crime Against Humanity?
The Life and Legacy of Harry Reid
A New Way To Think About Medicare
Congress Caves To Saudi Arabia On Yemen War
Greening Red America: Breaking Down Build Back Better’s Climate Ag Policy
A Giving Tuesday Message
Rewriting History
Truth and Reconciliation
If Biden Wants to Build Back Better, He Should Look to Obama’s Mistakes
Jamaal Bowman on His First Year in Congress
Ro Khanna on Reconciliation
Michael Isikoff on Julian Assange and Monica Lewinsky
Facebook's Very Bad Week Just Got Worse
Hold the Line: The Progressive Caucus Makes Its Stand
Nina Turner on Her Loss and Future
Tax the Rich
King Manchin
Create your
podcast in
minutes
It is Free
Jim & Bill (It‘s Another Day)
HauntingLive
Dr. Paul’s Worldviews
The Ben Shapiro Show
Morning Wire