Podcasts about amass power

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Best podcasts about amass power

Latest podcast episodes about amass power

The Daily Beans
Refried Beans | Re-defamation (feat. Stephen Vladeck) | May 12, 2023

The Daily Beans

Play Episode Listen Later May 11, 2025 49:57


Friday, May 12th, 2023Today, in the Hot Notes: E. Jean Carroll is weighing suing Donald Trump for defamation again after his appearance on the CNN Town Hall Wednesday night; Merrick Garland gives the green light to transfer forfeited Russian funds to Ukraine; a three-judge panel is poised to uphold January 6th obstruction cases; the FDA ends the ban on blood donations from gay and bisexual men; plus AG and Dana deliver your Good News.Our GuestSteve VladeckOne Firsthttps://substack.com/@stephenvladeckhttps://twitter.com/steve_vladeckThe Shadow DocketHow the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republichttps://www.hachettebookgroup.com/titles/stephen-vladeck/the-shadow-docket/9781541602632/ Federal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen.Share your Good News or Good Trouble:https://www.dailybeanspod.com/good/ Check out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill Substack|Muellershewrote, BlueSky|@muellershewrote , Threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewrote, Twitter|@MuellerSheWrote,Dana GoldbergTwitter|@DGComedy, IG|dgcomedy, facebook|dgcomedy, IG|dgcomedy, danagoldberg.com, BlueSky|@dgcomedyHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/Patreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts

The Lawfare Podcast
Lawfare Archive: The Shadow Docket

The Lawfare Podcast

Play Episode Listen Later Apr 13, 2025 67:55


From May 16, 2023: In recent years, the Supreme Court's non-merits “shadow docket” has become a topic of contestation and controversy, especially the Court's emergency orders rulings on issues ranging from immigration to abortion to Covid-19 restrictions.To discuss these issues, Jack Goldsmith sat down with Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, who is the author of a new book entitled, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” They discussed the origins of the contemporary shadow docket in some 1973 emergency orders related to the bombing of Cambodia, why the Court's shadow docket has grown in prominence in recent years, what's wrong with the shadow docket, and how to fix it.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

See You In Court
The Shadow Docket with Professor Stephen Vladeck

See You In Court

Play Episode Listen Later Apr 8, 2025 75:23


Why is the Supreme Court making some of its most impactful decisions behind closed doors? In this episode, Robin Frazer Clark and Lester Tate welcome Professor Stephen Vladeck, author of the bestselling book The Shadow Docket, to discuss the rise of stealth rulings by the U.S. Supreme Court. Learn why unsigned and unexplained decisions—affecting everything from immigration to abortion—are becoming more common and why every American should be paying attention.

IT'S GOING DOWN
The Beautiful Idea: Mass Deportations Loom as Trump Moves to Amass Power; LA Mutual Aid Groups Organize as Fires Burn

IT'S GOING DOWN

Play Episode Listen Later Jan 15, 2025 82:04


Welcome back to The Beautiful Idea, a new project from a collective of several anarchist and autonomous media producers scattered around the world. We’re bringing you interviews and stories from the front-lines of autonomous social movements and struggles, as well as original commentary and analysis. On today’s show we feature our Behind the Barricades roundup... Read Full Article

Death Penalty Information Center On the Issues Podcast Series
Professor Steve Vladeck on the Supreme Court's Death Penalty Shift

Death Penalty Information Center On the Issues Podcast Series

Play Episode Listen Later Oct 18, 2024 37:59


In this month's episode of Discussions with DPIC, Executive Director Robin Maher speaks with Steve Vladeck, a Georgetown law professor and expert on the Supreme Court. Professor Vladeck is the author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, released in 2023, as well as the weekly newsletter One First, which breaks down the Court's rulings and history. Professor Vladeck explains why the Court's treatment of death penalty cases has recently changed, the role the Court played in creating many of the problems with death penalty cases it now complains about, and how the death penalty shaped the Court's new orientation and approach to other areas of law.

Serious Inquiries Only
SIO447: Steve Vladeck on the Shadow Docket

Serious Inquiries Only

Play Episode Listen Later May 1, 2024 57:54


Today's guest, or should I say last year's guest, is Steve Vladeck! He holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, and is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice. Last year, he released the New York Times bestselling book, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic." We spoke about the book and about the state of our horrible Supreme Court. Steve will be appearing on Opening Arguments soon for a sequel to this conversation! Are you an expert in something and want to be on the show? Apply here! Please please pretty please support the show on patreon! You get ad free episodes, early episodes, and other bonus content

20 Minute Books
The Shadow Docket - Book Summary

20 Minute Books

Play Episode Listen Later Nov 5, 2023 17:38


"How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic"

Summarily - A Podcast for Busy Lawyers
A Court in the Shadows (with Prof. Stephen Vladeck)

Summarily - A Podcast for Busy Lawyers

Play Episode Listen Later Sep 19, 2023 40:35


What is the Shadow Docket? Why has it become a hot topic of late? And what do Shadow Docket orders tell us about the Court and how it picks and decides issues? Professor Stephen Vladeck of The University of Texas at Austin School of Law joined Robert to discuss his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Professor Vladeck is the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law and is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice. Summarily is supported by BetterHelp and The Law Office of Scott N. Richardson, P.A.Thank you for listening. Please share the podcast with your friends and colleagues. Send your questions, comments, and feedback to summarilypod@gmail.com. Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast's advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast's creator is prohibited.

Litigation Radio
What's Up With SCOTUS? The Shadow Docket, Accountability, And Justice

Litigation Radio

Play Episode Listen Later Sep 5, 2023 39:42


What's up at the U.S. Supreme Court, which has rocked the legal world with a conservative majority rolling back rights the rights of minorities, including 2023 rulings against affirmative action for college admissions and affirming the rights of business owners to deny service to LGBTQ patrons based on religious beliefs.  Guest Stephen Vladeck is a professor of law, nationally recognized expert on constitutional law and the Supreme Court, and the author of the book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.”  The Supreme Court has been exposed in recent years as an institution unbound by checks and balances and appears unaccountable to anyone. The Court regularly shapes the American system of justice through a “shadow docket,” decisions and rules made apart from headline cases.  Are we witnessing a crisis in the judicial branch? Is this a Court that can do what it wants when it wants? What happens to ethics, accountability, improprieties?  Plus, tips about discovery and the potential pitfalls of third-party collaboration apps (such as Slack and Teams). Hear what rules apply, and which ones don't.

Legal Talk Network - Law News and Legal Topics
What's Up With SCOTUS? The Shadow Docket, Accountability, And Justice

Legal Talk Network - Law News and Legal Topics

Play Episode Listen Later Sep 5, 2023 39:42


What's up at the U.S. Supreme Court, which has rocked the legal world with a conservative majority rolling back rights the rights of minorities, including 2023 rulings against affirmative action for college admissions and affirming the rights of business owners to deny service to LGBTQ patrons based on religious beliefs.  Guest Stephen Vladeck is a professor of law, nationally recognized expert on constitutional law and the Supreme Court, and the author of the book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.”  The Supreme Court has been exposed in recent years as an institution unbound by checks and balances and appears unaccountable to anyone. The Court regularly shapes the American system of justice through a “shadow docket,” decisions and rules made apart from headline cases.  Are we witnessing a crisis in the judicial branch? Is this a Court that can do what it wants when it wants? What happens to ethics, accountability, improprieties?  Plus, tips about discovery and the potential pitfalls of third-party collaboration apps (such as Slack and Teams). Hear what rules apply, and which ones don't.

Legal Talk Network - Law News and Legal Topics
Is the Supreme Court Amassing Unconstitutional Power? with Stephen Vladeck

Legal Talk Network - Law News and Legal Topics

Play Episode Listen Later Aug 15, 2023 31:58


Professor Stephen Vladeck, author of the New York Times bestselling book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, discusses how the Supreme Court has dramatically expanded the use of the little-known - and poorly understood - "Shadow Docket" to approve unconstitutional voting processes, abortion bans, restrictive immigration policies, and expanded religious liberties. Vladeck is a CNN Supreme Court analyst and cohosts an award-winning national security law podcast.

Strict Scrutiny
Shining Light on the Shadow Docket

Strict Scrutiny

Play Episode Listen Later Jul 24, 2023 57:16


Leah, Kate, and Melissa talk to Steve Vladeck about his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. From abortion bans to immigration restrictions, COVID orders and death penalty cases, the Supreme Court has taken to changing the law in quiet.Order The Shadow Docket from Bookshop.org. Code STRICT10 gets you 10% off!Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky

Deconstructed
Lever Time with David Sirota Presents: The Stealth Supreme Court Rulings No One Is Talking About

Deconstructed

Play Episode Listen Later Jul 18, 2023 45:07


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:The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Hachette Book Group, 2023)Supreme Court “Shadow Docket” Under Review by U.S. House of Representatives (American Bar Association, 2021)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.

The California Appellate Law Podcast
The Shadow Docket, with Stephen Vladeck

The California Appellate Law Podcast

Play Episode Listen Later Jul 18, 2023 53:28 Transcription Available


Most cases that reach the Supreme Court live and die on the “shadow docket.” That is the name given to the docket where everything other than full merits decisions happens. Most prominently, that is where the Supreme Court decides whether to grant stays of orders pending appeal, such as abortion-rights cases, voter redistricting cases, immigration orders, and nationwide injunctions that affect and set national policy.Steve Vladeck's New York Times bestselling new book is The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Steve has spent 10 years studying the shadow docket and reports that its use has increased markedly, and that we should be concerned.The big concern: These rulings are made without full briefing, argument, or reasoned opinions. That undermines confidence in these rulings.We discuss:Appellate courts do need a way to handle these emergency requests.Historically, the Supreme Court justice on Circuit Assignment handled them, through a recognized procedure.Since the 1980s, however, the full Court usually handles them, but in a more abbreviated or summary procedure.The first use of the shadow docket: in 1973 by Justice William O. Douglas, from the Post Office in Yakima Washinton, enjoining President Nixon's bombing of CambodiaBut Justice Douglas also said rocks and trees should have standing—and liberal standing doctrines do tend to put more pressure on the shadow docket.6th Circuit Chief Judge Sutton's criticism of nationwide injunctions, and how they put pressure on shadow docketsBut, Steve says, the Court's docket load over the years has not increased markedly, so that does not explain the shadow docket mischief.The Chief Justice in recent years in his annual State of the Court has stopped asking Congress for things, suggesting the Court's increased sense of autonomy from the other branchesWhat are the solutions? Congress should exercise its checks on the Court, such as by imposing mandatory automatic appeals in certain cases such as methods in capital punishment cases. This would ensure ordinary procedure in more cases and remove the temptation to use the shadow docket.Stephen Vladeck's biography, LinkedIn profile, and Twitter feed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:The Shadow Docket, on Amazon.Nationwide injunctions, discussed in episode 31. Chief Judge Sutton's remarks here.Videos from this episode will be posted at Tim Kowal's YouTube channel.

Lever Time
The Stealth Supreme Court Rulings No One Is Talking About

Lever Time

Play Episode Listen Later Jul 13, 2023 46:37


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: The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Hachette Book Group, 2023) Supreme Court “Shadow Docket” Under Review by U.S. House of Representatives (American Bar Association, 2021) BONUS: This past Monday's bonus episode of Lever Time Premium, exclusively for The Lever's supporting subscribers, featured David's interview with media critic Norman Solomon about his new book, War Made Invisible: How America Hides the Human Toll of Its Military Machine.If you'd like access to Lever Time Premium, which includes extended interviews and bonus content, head over to LeverNews.com to become a supporting subscriber.If you'd like to leave a tip for The Lever, click the following link. It helps us do this kind of independent journalism. levernews.com/tipjar

Livin' The Bream Podcast
Examining The Inner Workings Of The Supreme Court With Stephen Vladeck

Livin' The Bream Podcast

Play Episode Listen Later Jul 9, 2023 25:37


Shannon is joined by Professor at the University of Texas School of Law and NYT bestselling author Stephen Vladeck to discuss his latest book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.   Stephen explains the concept of the 'shadow docket,' a term used to describe when the Supreme Court utilizes emergency actions to decide a case without full briefings, schedules, and arguments. He discusses the reasons why the Supreme Court is taking up fewer cases on merits and examines the impact of doing so. Follow Shannon on Twitter: @ShannonBream Learn more about your ad choices. Visit megaphone.fm/adchoices

Trumpcast
Amicus: Supreme Arrogance

Trumpcast

Play Episode Listen Later Jul 8, 2023 64:38


This episode is a part of Opinionpalooza. Slate's coverage of Supreme Court decisions. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus.  In our final Opinionpalooza episode of 2023, Slate's Dahlia Lithwick and Mark Joseph Stern host the Amicus annual “breakfast table” round-up at the end of the Supreme Court term, and they're joined by:   Jamelle Bouie, former chief political correspondent at Slate and current New York Times Opinion columnist and political analyst for CBS News.  Sherrilyn Ifill, former President and Director Counsel of the NAACP Legal Defense and Educational Fund, and newly appointed head of Howard University's inaugural Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights.  Professor Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, author of the New York Times bestselling book, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic." --- In this week's Amicus Plus segment, Dahlia and Mark loosen their ties, pour a snifter of brandy and hit the cigar bar of jurisprudence for a final discussion of the term that was; why progressives are still struggling to find an answer to the court's torque to the right, and resisting the media's urge to put a moderate bow on each extreme term. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Amicus With Dahlia Lithwick | Law, justice, and the courts

This episode is a part of Opinionpalooza. Slate's coverage of Supreme Court decisions. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus.  In our final Opinionpalooza episode of 2023, Slate's Dahlia Lithwick and Mark Joseph Stern host the Amicus annual “breakfast table” round-up at the end of the Supreme Court term, and they're joined by:   Jamelle Bouie, former chief political correspondent at Slate and current New York Times Opinion columnist and political analyst for CBS News.  Sherrilyn Ifill, former President and Director Counsel of the NAACP Legal Defense and Educational Fund, and newly appointed head of Howard University's inaugural Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights.  Professor Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, author of the New York Times bestselling book, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic." --- In this week's Amicus Plus segment, Dahlia and Mark loosen their ties, pour a snifter of brandy and hit the cigar bar of jurisprudence for a final discussion of the term that was; why progressives are still struggling to find an answer to the court's torque to the right, and resisting the media's urge to put a moderate bow on each extreme term. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Slate Daily Feed
Amicus: Supreme Arrogance

Slate Daily Feed

Play Episode Listen Later Jul 8, 2023 64:38


This episode is a part of Opinionpalooza. Slate's coverage of Supreme Court decisions. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus.  In our final Opinionpalooza episode of 2023, Slate's Dahlia Lithwick and Mark Joseph Stern host the Amicus annual “breakfast table” round-up at the end of the Supreme Court term, and they're joined by:   Jamelle Bouie, former chief political correspondent at Slate and current New York Times Opinion columnist and political analyst for CBS News.  Sherrilyn Ifill, former President and Director Counsel of the NAACP Legal Defense and Educational Fund, and newly appointed head of Howard University's inaugural Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights.  Professor Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, author of the New York Times bestselling book, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic." --- In this week's Amicus Plus segment, Dahlia and Mark loosen their ties, pour a snifter of brandy and hit the cigar bar of jurisprudence for a final discussion of the term that was; why progressives are still struggling to find an answer to the court's torque to the right, and resisting the media's urge to put a moderate bow on each extreme term. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

BigTentUSA
BigTent Podcast: Stephen Vladeck and Dahlia Lithwick

BigTentUSA

Play Episode Listen Later Jun 28, 2023 54:26


Join BigTentUSA!Podcast: Amicus With Dahlia Lithwick | Law, justice, and the courtsThe Shadow Docket:How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic By Stephen Vladeck This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit bigtentnews.substack.com

Law of the Land with Gloria J. Browne-Marshall
The SCOTUS Shadow Docket and is Florida Dangerous for Black People?

Law of the Land with Gloria J. Browne-Marshall

Play Episode Listen Later Jun 27, 2023 53:15


Constitutional Law Professor Gloria J. Brown-Marshall, welcomes guests Steve Vladeck, author of “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic” and W. Marvin Delaney. President, ASALH.org to talk about the NAACP Florida Travel Advisory and ASALH Florida Conference. --- Support this podcast: https://podcasters.spotify.com/pod/show/gloria-j-browne-marshall/support

New Books Network
Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

New Books Network

Play Episode Listen Later Jun 26, 2023 62:59


Many people are familiar with the United States Supreme Court's merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices' decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court's decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket' was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket's longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court's increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck's impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck's suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

New Books in Political Science
Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

New Books in Political Science

Play Episode Listen Later Jun 26, 2023 62:59


Many people are familiar with the United States Supreme Court's merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices' decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court's decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket' was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket's longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court's increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck's impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck's suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science

New Books in American Studies
Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

New Books in American Studies

Play Episode Listen Later Jun 26, 2023 62:59


Many people are familiar with the United States Supreme Court's merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices' decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court's decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket' was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket's longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court's increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck's impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck's suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/american-studies

New Books in Public Policy
Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

New Books in Public Policy

Play Episode Listen Later Jun 26, 2023 62:59


Many people are familiar with the United States Supreme Court's merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices' decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court's decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket' was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket's longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court's increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck's impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck's suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

New Books in Politics
Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

New Books in Politics

Play Episode Listen Later Jun 26, 2023 62:59


Many people are familiar with the United States Supreme Court's merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices' decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court's decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket' was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket's longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court's increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck's impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck's suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/politics-and-polemics

New Books in Law
Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

New Books in Law

Play Episode Listen Later Jun 26, 2023 62:59


Many people are familiar with the United States Supreme Court's merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices' decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court's decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket' was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket's longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court's increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck's impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck's suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

New Books in American Politics
Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

New Books in American Politics

Play Episode Listen Later Jun 26, 2023 62:59


Many people are familiar with the United States Supreme Court's merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices' decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court's decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket' was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket's longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court's increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck's impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck's suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices

NBN Book of the Day
Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

NBN Book of the Day

Play Episode Listen Later Jun 26, 2023 62:59


Many people are familiar with the United States Supreme Court's merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices' decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court's decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket' was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket's longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court's increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck's impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck's suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/book-of-the-day

Legal Face-off
Vladeck on the Shadow Docket, Kinder on the Swifties Lawsuits, Quinn on PGA-LIV, and much more

Legal Face-off

Play Episode Listen Later Jun 22, 2023


University of Texas at Austin School of Law Charles Alan Wright Chair in Federal Courts Stephen Vladeck joins Rich and Tina to discuss his latest book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” Kinder Law PLLC Founder Jennifer Anne Kinder discusses the latest in the […]

Refuse Fascism
SCOTUS, The Shadow Docket, & The Fascist Assault on the Environment

Refuse Fascism

Play Episode Listen Later Jun 18, 2023 49:12


Sam interviews Stephen Vladeck, law professor and author of the NY Times bestseller, The Shadow Docket, How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Follow Steve on Twitter at @steve_vladeck and sign up for his Substack here: stevevladeck.substack.com. Then, we talk to Julian Gonzalez, senior legislative counsel Earth Justice about the recent ruling that undermines the Clean Water Act and related attacks on the environment coming from the Supreme Court. Learn more about the work of Earth Justice at earthjustice.org. Next weekend, join us in the streets of DC on the one year anniversary of the Dobbs decision which overturned abortion rights demanding legal abortion nationwide: https://riseup4abortionrights.org/june-24-2023-one-year-without-roe-take-your-fury-back-into-the-streets/ Starting June 29 - July 2 the fascist anti-LGBTQ group "Moms for Liberty" will be holding their summit in Philly. Stay tuned for details on how to mobilize to defend people targeted for attack by this group, particularly the trans community. Refuse Fascism is more than a podcast! You can get involved at RefuseFascism.org. We're still on Twitter (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@RefuseFascism⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) and other social platforms including the newest addition: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠mastodon.world/@refusefascism⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ Send  your comments to samanthagoldman@refusefascism.org or ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@SamBGoldman⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Record ⁠⁠⁠⁠⁠⁠⁠⁠a voice message for the show here. ⁠⁠⁠⁠⁠⁠⁠⁠Connect with the movement at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠RefuseFascism.org⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ and support: · ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠paypal.me/refusefascism⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ · ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠donate.refusefascism.org⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ · ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠patreon.com/refusefascism⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ Music for this episode: Penny the Snitch by Ikebe Shakedown --- Send in a voice message: https://podcasters.spotify.com/pod/show/refuse-fascism/message

Make Me Smart
The Supreme Court’s “shadow docket” is in the spotlight

Make Me Smart

Play Episode Listen Later Jun 6, 2023 33:27


It's that time of year when the Supreme Court issues a bunch of important decisions on high-profile cases before its summer recess. But it turns out there's a whole other docket of decisions that usually fly under the radar. It's called the emergency docket, or “shadow docket.” And the use of this lesser-known docket is changing the way the Supreme Court engages with wide-reaching, often divisive issues, and shaping law on the ground. “We’re seeing every big fight in contemporary American public policy getting to the Supreme Court faster through these emergency applications, and provoking the justices to take a position sooner because of these emergency applications,” said Stephen Vladeck, law professor at the University of Texas and author of the new book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” On the show today, Vladeck explains what the shadow docket is, why emergency decisions by the Supreme Court have become more common over the past decade, and what this all means for the credibility of the court in the eyes of the American public. In the News Fix: Speaking of the Supreme Court, we'll get into how its upcoming decision on affirmative action could muddle diversity efforts at colleges across the country. And we’ll explain why pharmaceutical companies are pushing back against the new Medicare drug price negotiation program. Later, listeners weigh in on local dog bars and virtual reality headsets. Plus, this week's answer to the Make Me Smart question comes from singer, songwriter and condiment lover, Priska Neely. Here’s everything we talked about today: “Book Review: ‘The Shadow Docket,' by Stephen Vladeck” from The New York Times “The Supreme Court and ‘The Shadow Docket'” from NPR “What you need to know about the Supreme Court's ‘shadow docket'” from Poynter “Justice Alito Calls Criticism of the Shadow Docket ‘Silly’ and ‘Misleading” from NPR “Merck sues US government to halt Medicare drug price negotiation” from Reuters “As Supreme Court considers affirmative action, colleges see few other ways to diversity goals” from AP News Priska Neely’s “Ode to Condiments” on YouTube We love to hear from you. Send us your questions and comments to makemesmart@marketplace.org or leave us a voicemail at 508-U-B-SMART.

Marketplace All-in-One
The Supreme Court’s “shadow docket” is in the spotlight

Marketplace All-in-One

Play Episode Listen Later Jun 6, 2023 33:27


It's that time of year when the Supreme Court issues a bunch of important decisions on high-profile cases before its summer recess. But it turns out there's a whole other docket of decisions that usually fly under the radar. It's called the emergency docket, or “shadow docket.” And the use of this lesser-known docket is changing the way the Supreme Court engages with wide-reaching, often divisive issues, and shaping law on the ground. “We’re seeing every big fight in contemporary American public policy getting to the Supreme Court faster through these emergency applications, and provoking the justices to take a position sooner because of these emergency applications,” said Stephen Vladeck, law professor at the University of Texas and author of the new book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” On the show today, Vladeck explains what the shadow docket is, why emergency decisions by the Supreme Court have become more common over the past decade, and what this all means for the credibility of the court in the eyes of the American public. In the News Fix: Speaking of the Supreme Court, we'll get into how its upcoming decision on affirmative action could muddle diversity efforts at colleges across the country. And we’ll explain why pharmaceutical companies are pushing back against the new Medicare drug price negotiation program. Later, listeners weigh in on local dog bars and virtual reality headsets. Plus, this week's answer to the Make Me Smart question comes from singer, songwriter and condiment lover, Priska Neely. Here’s everything we talked about today: “Book Review: ‘The Shadow Docket,' by Stephen Vladeck” from The New York Times “The Supreme Court and ‘The Shadow Docket'” from NPR “What you need to know about the Supreme Court's ‘shadow docket'” from Poynter “Justice Alito Calls Criticism of the Shadow Docket ‘Silly’ and ‘Misleading” from NPR “Merck sues US government to halt Medicare drug price negotiation” from Reuters “As Supreme Court considers affirmative action, colleges see few other ways to diversity goals” from AP News Priska Neely’s “Ode to Condiments” on YouTube We love to hear from you. Send us your questions and comments to makemesmart@marketplace.org or leave us a voicemail at 508-U-B-SMART.

The Bill Press Pod
The Roberts Court is Undermining the Republic

The Bill Press Pod

Play Episode Listen Later Jun 6, 2023 37:58


University of Texas law professor Stephen Vladeck has written a new book that outlines how since 2017, the Court has dramatically expanded its use of the out-of-the-public-eye “shadow docket,” to regularly make rulings that affect millions of Americans without public hearings and without explanation. Conservatives on the Court have used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. The book is The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. You can buy a copy here. Today Bill features the work of The Project on Government Oversight. Not to be confused with the Republican-controlled House Committee on Government Oversight. The Project on Government Oversight is doing the real work of watching and reporting on the government and the Supreme Court. More information at POGO.org.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Live at America's Town Hall
The Shadow Docket Debate

Live at America's Town Hall

Play Episode Listen Later Jun 6, 2023 57:15


The Supreme Court's “shadow docket”—cases in which the Court issues emergency orders and summary decisions without oral argument—has been subject to growing scrutiny. Supreme Court reporter Adam Liptak of The New York Times and Jennifer Mascott of the George Mason University Antonin Scalia Law School join Stephen Vladeck of The University of Texas School of Law for a conversation on Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, exploring the history and role of the shadow docket and the current debates surrounding the Court's emergency rulings. Host Jeffrey Rosen moderates. Additional Resources Stephen Vladeck, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic  Stephen Vladeck, “Texas's Unconstitutional Abortion Ban and the Role of the Shadow Docket,” Testimony before the Senate Judiciary Committee  National Constitution Center, “The Supreme Court's ‘Shadow Docket',” We the People podcast  Jennifer Mascott, “Jurisdiction and the Supreme Court's Orders Docket,” George Mason Legal Studies Research Paper  Adam Liptak, “Alito Responds to Critics of the Supreme Court's ‘Shadow Docket,” The New York Times   Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org.    Continue today's conversation on Facebook and Twitter using @ConstitutionCtr.    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.    You can find transcripts for each episode on the podcast pages in our Media Library. 

The Source
The U.S. Supreme Court is operating in the shadows

The Source

Play Episode Listen Later Jun 6, 2023 48:50


Stephen I. Vladeck is the author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.

The Majority Report with Sam Seder
3105 - The Supreme Court's Shadow Docket & Unaccountability w/ Steve Vladeck

The Majority Report with Sam Seder

Play Episode Listen Later Jun 5, 2023 68:41


Happy Monday! 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. First, Sam and Emma run through updates on Ukraine's offensive, the WGA writers' strike, Twitter's dropping revenue, fascist legislation in Tennessee and Texas, Mike Pence's entrance to the GOP primary, and rising COVID rates, also previewing the increasingly fascist candidacies of Nikki Haley and other Trump opponents. Steve Vladeck then 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. And in the Fun Half: Sam and Emma chat with Giuseppe in Jacksonville on the devastating impact fundamentalists have on their (and neighboring) communities, explore Joe Manchin's potential presidential run, and AJ from Baltimore assesses the electoral evils of Trump and DeSantis. Steve Deace rings in Pride Month by calling Trump gay, Candace Owens, Jordan Peterson, and Matt Walsh do some unsurprisingly stupid and deranged transphobia, and Robert from Manhattan discusses coverage of trans rights, plus, your calls and IMs! Check out Steve's book here: https://www.hachettebookgroup.com/titles/stephen-vladeck/the-shadow-docket/9781541602632/?lens=basic-books Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

Texas Appellate Law Podcast
Understanding the SCOTUS Shadow Docket | Steve Vladeck

Texas Appellate Law Podcast

Play Episode Listen Later Jun 1, 2023 45:19


In recent years, the U.S. Supreme Court has taken fewer cases on its merits docket. But it has increased the volume of its “shadow docket,” where it has traditionally handled procedural matters like stays. As a result of this shift, the Court is making wide-ranging decisions without traditional merits briefing or oral argument. In this episode, University of Texas Law Professor Steve Vladeck joins Todd Smith and Jody Sanders to discuss the changes in the shadow docket and his book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Professor Vladeck sheds light on this lesser-known aspect of the Supreme Court's workings and its implications for our democracy. He discusses the shadow docket's historical use and its impact on precedent, and he highlights recent departures from traditional norms in the Court's behavior, making a persuasive case for its problematic nature.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

The Gist
Memorial Day Deliberations

The Gist

Play Episode Listen Later May 29, 2023 31:22


Author Jack Fairweather recalls the bravery of a soldier named Witold Pilecki, a Polish officer actually who did the unthinkable in his book, The Volunteer: One Man, an Underground Army, and the Secret Mission to Destroy Auschwitz hints at the undertaking. Plus, we return to 2014, when Mike first culled the herd of a pile of news clippings. And obligations of a journalistic nature. Produced by Joel Patterson and Corey Wara Email us at thegist@mikepesca.com To advertise on the show, visit: https://advertisecast.com/TheGist Subscribe to The Gist Subscribe: https://subscribe.mikepesca.com/ Follow Mikes Substack at: Pesca Profundities | Mike Pesca | Substack Today on The Gist. @steve_vladeck talks Supreme Court legitimacy as well as the so called "Shadow Docket," which is the name of his book subtitled "How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic." Learn more about your ad choices. Visit podcastchoices.com/adchoices

The Brian Lehrer Show
Brian Lehrer Weekend: Surgeon General Vivek Murthy; The Brooklyn Bridge at 140; The Shadow Docket

The Brian Lehrer Show

Play Episode Listen Later May 27, 2023 67:20


Three of our favorite segments from the week, in case you missed them. U.S. Surgeon General Vivek Murthy issues a warning about the lack of data on social media's effects on developing brains (First) | Ken Burns and Michael Kimmelman celebrate the iconic Brooklyn Bridge, which opened to the public 140 years ago (Starts at 21:45) | Stephen Vladeck, author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023) (Starts at 38:15) If you don't subscribe to the Brian Lehrer Show on iTunes, you can do that here.

The Gist
Dark Shadows Over SCOTUS

The Gist

Play Episode Listen Later May 25, 2023 37:50


Stephen Vladeck talks Supreme Court legitimacy as well as the so called "Shadow Docket," which is the name of his book subtitled "How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic." Plus, The Desantis fail whale. And the sentencing of seditionists. Produced by Joel Patterson and Corey Wara Email us at thegist@mikepesca.com To advertise on the show, visit: https://advertisecast.com/TheGist Subscribe to The Gist Subscribe: https://subscribe.mikepesca.com/ Follow Mikes Substack at: Pesca Profundities | Mike Pesca | Substack Learn more about your ad choices. Visit podcastchoices.com/adchoices

The Brian Lehrer Show
The Shadow Docket

The Brian Lehrer Show

Play Episode Listen Later May 25, 2023 28:38


The Supreme Court has increasingly made decisions by way of the "shadow docket," emergency rulings that remain outside the public view. Stephen Vladeck, University of Texas School of Law professor and the author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), digs deeper into the implications.

We the People
The Shadow Docket Debate

We the People

Play Episode Listen Later May 25, 2023 57:04


The Supreme Court's “shadow docket”—cases in which the Court issues emergency orders and summary decisions without oral argument—has been subject to growing scrutiny. Supreme Court reporter Adam Liptak of The New York Times and Jennifer Mascott of the George Mason University Antonin Scalia Law School join Stephen Vladeck of The University of Texas School of Law for a conversation on Vladeck's new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, exploring the history and role of the shadow docket and the current debates surrounding the Court's emergency rulings. Host Jeffrey Rosen moderates. Additional Resources Stephen Vladeck, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic  Stephen Vladeck, “Texas's Unconstitutional Abortion Ban and the Role of the Shadow Docket,” Testimony before the Senate Judiciary Committee  National Constitution Center, “The Supreme Court's ‘Shadow Docket',” We the People podcast  Jennifer Mascott, “Jurisdiction and the Supreme Court's Orders Docket,” George Mason Legal Studies Research Paper  Adam Liptak, “Alito Responds to Critics of the Supreme Court's ‘Shadow Docket,” The New York Times   Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org.    Continue today's conversation on Facebook and Twitter using @ConstitutionCtr.    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.    You can find transcripts for each episode on the podcast pages in our Media Library. 

Why Is This Happening? with Chris Hayes
“The Shadow Docket” with Steve Vladeck

Why Is This Happening? with Chris Hayes

Play Episode Listen Later May 23, 2023 54:05


The Supreme Court has long had incredible authority to make decisions that affect millions of Americans. But in recent years, it has increasingly used its power to make stealth emergency decisions without public hearings or explanations. The cases that we often hear about on the high court's so-called merits docket only represent about one percent of what the court decides. Since the mid-2010s, 99 percent of SCOTUS rulings, including ones increasingly related to consequential issues like abortion, immigration and COVID restrictions, have taken place on what some legal scholars have taken to calling “the shadow docket.” What does this obscure procedure mean for each of us? Steve Vladeck is the Charles Alan Wright Chair in Federal Courts at The University of Texas School of Law. He's also author of a new book, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” He joins WITHpod to discuss how we got to this moment, what the shadow docket means for the rule of law and strategies for ameliorating inconsistencies in the court's process.

Reasonable Doubt
BARD - Stephen Vladeck on the SCOTUS 'Shadow Docket'

Reasonable Doubt

Play Episode Listen Later May 23, 2023 25:20


Mark and Gary are joined by University of Texas law professor Stephen Vladeck to discuss the contents of his new book 'The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic' Watch Beyond A Reasonable Doubt and all Reasonable Doubt video content on YouTube exclusively at YouTube.com/ReasonableDoubtPodcast and subscribe while you're there.

Stay Tuned with Preet
In Brief: The Supreme Court's “Shadow Docket” (with Steve Vladeck)

Stay Tuned with Preet

Play Episode Listen Later May 22, 2023 22:35


What is the Supreme Court's “shadow docket” and why does it matter? Preet speaks with Steve Vladeck, a professor at the University of Texas School of Law and the author of “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.”  References & Supplemental Materials: Steve Vladeck, “The Shadow Docket,” Barnes & Noble, 5/16/23 “Major Questions Doctrine,” Congressional Research Service, 11/2/22 FDA v. Alliance for Hippocratic Medicine, Supreme Court, 4/21/23 Stay Tuned in Brief is presented by CAFE and the Vox Media Podcast Network. Please write to us with your thoughts and questions at letters@cafe.com, or leave a voicemail at 669-247-7338. For analysis of recent legal news, try the CAFE Insider membership for just $1 for one month: cafe.com/insider. Check out other CAFE shows Now & Then and Up Against the Mob.  Learn more about your ad choices. Visit podcastchoices.com/adchoices

KQED’s Forum
Stephen Vladeck Sounds Alarm on Supreme Court's Abuse of 'The Shadow Docket'

KQED’s Forum

Play Episode Listen Later May 22, 2023 57:33


The U.S. Supreme Court is known for its public docket of consequential cases, with scheduled oral arguments and lengthy decisions often released in the month of June. But the Court's conservative majority has been making more use of the so-called “shadow docket” for controversial cases, issuing perfunctory unsigned orders with little to no legal analysis. University of Texas law professor Stephen Vladeck argues it's urgent that Supreme Court curtail its growing use of the shadow docket, and he joins us to explain why. His new book is “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” Guests: Stephen Vladeck, professor, University of Texas School of Law; author, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic"; co-host, the National Security Law podcast; Supreme Court analyst, CNN

Booked Up with Jen Taub
26: Steve Vladeck on THE SHADOW DOCKET

Booked Up with Jen Taub

Play Episode Listen Later May 21, 2023 74:48


This week Jen's guest is Professor Steve Vladeck, author of the sensational new book: The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.  The Shadow Docket is a must-read book, not just for court-watchers and garden-variety nerds, but also for anyone and everyone who wants to sound smarter on Twitter. Okay, maybe that's a low bar. But, you get the drift. Don't just trust me. Publisher's Weekly said “This insightful and accessible account raises an important alarm.” Plus, Patrick Radden Keefe, author of Purdue the Pharma book, Empire of Pain praised Steve for using “elegant, accessible prose” to “expose[] the degree to which significant battles, from abortion to immigration, are being adjudicated behind closed doors, in unseen, unsigned, unexplained decisions.”  Steve Vladeck is professor at the University of Texas, at Austin School of Law where he holds the Charles Alan Wright Chair In Federal Courts. He is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice. But, anyone can claim to be an expert. On paper. Steve is the real deal. Not just in the classroom and prestigious academic journals (like the Harvard Law Review and Yale Law Journal) but also in courtrooms. He has argued over a dozen cases before the U.S. Supreme Court, the Texas Supreme Court, and various lower federal civilian and military courts. But most importantly, he's a really nice person.  Contact Booked Up: You can email Jen & the Booked Up team at: BOOKEDUP@POLITICON.COM or by writing to:  BOOKED UP  P.O. BOX 147 NORTHAMPTON, MA 01061 Get More from Steve Vladeck Twitter | Website | Author of THE SHADOW DOCKET Get More from Jen Taub: Twitter | Follow the Money Substack | Author of BIG DIRTY MONEY 

Apple News Today
Sneak Peek: How unreported gifts and luxury travel are harming the Supreme Court's legitimacy

Apple News Today

Play Episode Listen Later May 18, 2023 2:22


Recent allegations of ethical violations have reignited a debate about establishing an enforceable code of conduct for Supreme Court justices. University of Texas law professor Stephen Vladeck argues the latest revelations concerning several justices speak to a much larger breakdown in the way the court operates today. He writes about this in his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Vladeck spoke with Apple News In Conversation host Shumita Basu about the absence of accountability on the court — and how reforming it could lead to a stronger, more trusted institution. This is a preview of that conversation.

This is Democracy
This is Democracy: Episode 239 – Supreme Court

This is Democracy

Play Episode Listen Later May 18, 2023 37:12


Stephen Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law. He recently published The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. His work has been published in the New York Times, the Los Angeles Times, and Slate, among other publications. He has argued before the Supreme Court and has been CNN's Supreme Court Analyst since 2013.

Apple News In Conversation
How unreported gifts and luxury travel are harming the Supreme Court's legitimacy

Apple News In Conversation

Play Episode Listen Later May 18, 2023 34:06


Recent allegations of ethical violations have reignited a debate about establishing an enforceable code of conduct for Supreme Court justices. University of Texas law professor Stephen Vladeck argues the latest revelations concerning several justices speak to a much larger breakdown in the way the court operates today. He writes about this in his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Vladeck spoke with Apple News In Conversation host Shumita Basu about the absence of accountability on the court — and how reforming it could lead to a stronger, more trusted institution.

ABA Journal: Modern Law Library
‘The Shadow Docket' shines light on an increasingly uncommunicative Supreme Court

ABA Journal: Modern Law Library

Play Episode Listen Later May 17, 2023 46:46


In The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, University of Texas law professor Stephen Vladeck argues the U.S. Supreme Court is expanding its powers at the expense of the rule of law and public transparency. A case ordinarily comes before the U.S. Supreme Court after a long appellate process; receives a public hearing where the case is argued before the justices; then a signed opinion or series of opinions and a majority ruling are issued, which generally comes months after oral arguments—and years after a matter first entered the court system. Given the limited length of each Supreme Court term, there has always been the need for an alternative form of response when the court is not in session or a swift response was absolutely necessary. The vast bulk of those occasions have been in capital cases, where a last-minute appeal might be the difference between life and death. But since 2017, the U.S. Supreme Court has issued many more emergency orders than at any time previously, and on matters ranging from election law to immigration bans, from abortion access to COVID-19 restrictions on public gatherings. By issuing unsigned majority emergency orders rather than signed majority opinions, Vladeck says the court is establishing precedents without supplying the legal reasonings behind its rulings. During a time when the U.S. Supreme Court and individual justices are being criticized for not abiding by a clear judicial code of ethics, Vladeck argues the secretive nature of the shadow docket will only further undermine public trust in the rule of law. In this episode of the Modern Law Library, Vladeck discusses with the ABA Journal's Lee Rawles the origin of the term “shadow docket,” the dangers he sees for the court and the country, and what remedies may be available to the republic.

Legal Talk Network - Law News and Legal Topics
‘The Shadow Docket' shines light on an increasingly uncommunicative Supreme Court

Legal Talk Network - Law News and Legal Topics

Play Episode Listen Later May 17, 2023 46:46


In The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, University of Texas law professor Stephen Vladeck argues the U.S. Supreme Court is expanding its powers at the expense of the rule of law and public transparency. A case ordinarily comes before the U.S. Supreme Court after a long appellate process; receives a public hearing where the case is argued before the justices; then a signed opinion or series of opinions and a majority ruling are issued, which generally comes months after oral arguments—and years after a matter first entered the court system. Given the limited length of each Supreme Court term, there has always been the need for an alternative form of response when the court is not in session or a swift response was absolutely necessary. The vast bulk of those occasions have been in capital cases, where a last-minute appeal might be the difference between life and death. But since 2017, the U.S. Supreme Court has issued many more emergency orders than at any time previously, and on matters ranging from election law to immigration bans, from abortion access to COVID-19 restrictions on public gatherings. By issuing unsigned majority emergency orders rather than signed majority opinions, Vladeck says the court is establishing precedents without supplying the legal reasonings behind its rulings. During a time when the U.S. Supreme Court and individual justices are being criticized for not abiding by a clear judicial code of ethics, Vladeck argues the secretive nature of the shadow docket will only further undermine public trust in the rule of law. In this episode of the Modern Law Library, Vladeck discusses with the ABA Journal's Lee Rawles the origin of the term “shadow docket,” the dangers he sees for the court and the country, and what remedies may be available to the republic.

ABA Journal Podcasts - Legal Talk Network
‘The Shadow Docket' shines light on an increasingly uncommunicative Supreme Court

ABA Journal Podcasts - Legal Talk Network

Play Episode Listen Later May 17, 2023 46:46


In The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, University of Texas law professor Stephen Vladeck argues the U.S. Supreme Court is expanding its powers at the expense of the rule of law and public transparency. A case ordinarily comes before the U.S. Supreme Court after a long appellate process; receives a public hearing where the case is argued before the justices; then a signed opinion or series of opinions and a majority ruling are issued, which generally comes months after oral arguments—and years after a matter first entered the court system. Given the limited length of each Supreme Court term, there has always been the need for an alternative form of response when the court is not in session or a swift response was absolutely necessary. The vast bulk of those occasions have been in capital cases, where a last-minute appeal might be the difference between life and death. But since 2017, the U.S. Supreme Court has issued many more emergency orders than at any time previously, and on matters ranging from election law to immigration bans, from abortion access to COVID-19 restrictions on public gatherings. By issuing unsigned majority emergency orders rather than signed majority opinions, Vladeck says the court is establishing precedents without supplying the legal reasonings behind its rulings. During a time when the U.S. Supreme Court and individual justices are being criticized for not abiding by a clear judicial code of ethics, Vladeck argues the secretive nature of the shadow docket will only further undermine public trust in the rule of law. In this episode of the Modern Law Library, Vladeck discusses with the ABA Journal's Lee Rawles the origin of the term “shadow docket,” the dangers he sees for the court and the country, and what remedies may be available to the republic.

The Lawfare Podcast
The Shadow Docket

The Lawfare Podcast

Play Episode Listen Later May 16, 2023 67:40


In recent years, the Supreme Court's non-merits “shadow docket” has become a topic of contestation and controversy, especially the Court's emergency orders rulings on issues ranging from immigration to abortion to Covid-19 restrictions.To discuss these issues, Jack Goldsmith sat down with Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, who is the author of a new book entitled, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” They discussed the origins of the contemporary shadow docket in some 1973 emergency orders related to the bombing of Cambodia, why the Court's shadow docket has grown in prominence in recent years, what's wrong with the shadow docket, and how to fix it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The California Appellate Law Podcast
From BigLaw to Solo: Carl Cecere on the freedom to take significant cases

The California Appellate Law Podcast

Play Episode Listen Later May 16, 2023 50:34 Transcription Available


Opioids, takings, terrorism—these are at the core of a few of the cases that appellate attorney Carl Cecere is handling. After deciding to leave BigLaw, Carl found that a combination of Twitter and lots of travel with the purpose of meeting interesting colleagues has fueled a pipeline of provocative cases into his solo practice.We discuss:Clerking for Mary Lou Robinson, who started her judicial career when women still were not allowed to vote or own propertyThe Purdue opioid case, and the trend of using bankruptcy to shield liability. Reading the BK code textually may reign this in—one good thing about the judicial approach of the current SCOTUS composition.The Sokalow case in which Congress extended the courts' jurisdiction over terrorism cases by creating a presumption of consent to jurisdiction—a presumption now being taken up by the 2nd Circuit.Carl Cecere's LinkedIn profile, and Twitter feed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic Hardcover – May 16, 2023Videos from this episode will be posted at Tim Kowal's YouTube channel.

Keen On Democracy
The Shadow Docket: Stephen Vladeck on how the Supreme Court is using stealth rulings to undermine the American Republic

Keen On Democracy

Play Episode Listen Later May 15, 2023 33:49


EPISODE 1497: In this KEEN ON show, Andrew talks to Stephen Vladeck, the author of THE SHADOW DOCKET, about how the Supreme Court is using stealth rulings to amass power and undermine the American Republic Stephen Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law. His work has been published in the New York Times, the Los Angeles Times, and Slate. He has argued before the Supreme Court and has been CNN's Supreme Court Analyst since 2013. Vladeck lives in Austin, Texas. His latest book is THE SHADOW DOCKET: How the Supreme Court uses Stealth Rulings to Amass Power and Undermine the Republic (2023) Named as one of the "100 most connected men" by GQ magazine, Andrew Keen is amongst the world's best known broadcasters and commentators. In addition to presenting KEEN ON, he is the host of the long-running How To Fix Democracy show. He is also the author of four prescient books about digital technology: CULT OF THE AMATEUR, DIGITAL VERTIGO, THE INTERNET IS NOT THE ANSWER and HOW TO FIX THE FUTURE. Andrew lives in San Francisco, is married to Cassandra Knight, Google's VP of Litigation & Discovery, and has two grown children. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Daily Beans
Re-defamation (feat. Stephen Vladeck)

The Daily Beans

Play Episode Listen Later May 12, 2023 51:52


Friday, May 12th, 2023    Today, in the Hot Notes: E. Jean Carroll is weighing suing Donald Trump for defamation again after his appearance on the CNN Town Hall Wednesday night; Merrick Garland gives the green light to transfer forfeited Russian funds to Ukraine; a three-judge panel is poised to uphold January 6th obstruction cases; the FDA ends the ban on blood donations from gay and bisexual men; plus AG and Dana deliver your Good News.Our GuestSteve Vladeckhttps://twitter.com/steve_vladeckThe Shadow DocketHow the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republichttps://www.hachettebookgroup.com/titles/stephen-vladeck/the-shadow-docket/9781541602632/Want some sweet Daily Beans Merchhttps://shop.dailybeanspod.com/Check out other MSW Media podcastshttps://mswmedia.com/shows/Follow AG and Dana on Twitter:Dr. Allison Gill https://twitter.com/allisongillhttps://twitter.com/MuellerSheWrotehttps://twitter.com/dailybeanspodDana Goldberghttps://twitter.com/DGComedyPromo Codes:meetmaev.com/DAILYBEANS to get $40 off your first order  Google Doc of current legislation threatening trans people and their families:https://docs.google.com/spreadsheets/d/1fTxHLjBa86GA7WCT-V6AbEMGRFPMJndnaVGoZZX4PMw/edit?usp=sharing Have some good news; a confession; or a correction?https://www.dailybeanspod.com/confessional/Links in the Good Newshttps://www.sheltermovers.com/waterloo/Mybitofwonder.comListener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=short Follow the Podcast on Apple:https://apple.co/3XNx7ckWant to support the show and get it ad-free and early?https://dailybeans.supercast.techOrhttps://patreon.com/thedailybeansOr subscribe on Apple Podcastshttps://apple.co/3UKzKt0

On the Ballot
The Supreme Court with Professor Steve Vladeck

On the Ballot

Play Episode Listen Later May 11, 2023 23:50


On this episode: Steve Vladeck in conversation about his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Stream "On the Ballot" on Spotify or wherever you listen to podcasts. If you have questions, comments, or love for BP, feel free to reach out at ontheballot@ballotpedia.org or on Twitter @Ballotpedia. BP's SCOTUS Coverage: https://ballotpedia.org/Supreme_Court_of_the_United_States    Check out Vladeck's new book, out May 16th: https://www.amazon.com/Shadow-Docket-Supreme-Undermine-Republic/dp/1541602633  Sign Up for BP's Newsletters: https://ballotpedia.org/Ballotpedia_Email_Updates  *On The Ballot is a conversational podcast featuring interviews with guests across the political spectrum. The views and opinions expressed by them are solely their own and are not representative of the views of the host or Ballotpedia as a whole.

5-4
The Shadow Docket with Steve Vladeck

5-4

Play Episode Listen Later May 9, 2023 73:28


As the Court has moved right, it's been using the "shadow docket" to execute on more of its agenda. Previously reserved for emergencies, like stays of executions, the process of hearing cases outside of the Court's ordinary calendar is now frequently used to issue unsigned and unexplained decisions that overturn the status quo. We'll dig into it with University of Texas School of Law professor Steve Vladeck, and author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.]5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.

Trumpcast
Amicus: Tennessee-Style Power Grabs are Coming to a State House Near You

Trumpcast

Play Episode Listen Later Apr 8, 2023 72:57


On this week's Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention. Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck's book, The Shadow Docket -  How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May. In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate Plus members about all the stuff we couldn't cram into an already jam-packed main show. They start with what's really not happening, and that is Supreme Court decisions. It's April and there has been a mere smattering of decisions from the High Court. Mark and Dahlia try to figure out what the looming logjam might mean. Next, they talk yacht etiquette, gift grift, and Justice Clarence Thomas' law breaking. And… Hey! Remember Wisconsin? It's a big deal - Mark and Dahlia delve into why. Finally, the Supreme Court may not be issuing decisions, but it did deny a petition to overturn a stay of West Virginia's extreme trans athlete ban. Mark has more on that decision and the shortcomings of a new Biden regulation about trans athletes.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Amicus With Dahlia Lithwick | Law, justice, and the courts
Tennessee-Style Power Grabs are Coming to a State House Near You

Amicus With Dahlia Lithwick | Law, justice, and the courts

Play Episode Listen Later Apr 8, 2023 72:57


On this week's Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention. Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck's book, The Shadow Docket -  How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May. In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate Plus members about all the stuff we couldn't cram into an already jam-packed main show. They start with what's really not happening, and that is Supreme Court decisions. It's April and there has been a mere smattering of decisions from the High Court. Mark and Dahlia try to figure out what the looming logjam might mean. Next, they talk yacht etiquette, gift grift, and Justice Clarence Thomas' law breaking. And… Hey! Remember Wisconsin? It's a big deal - Mark and Dahlia delve into why. Finally, the Supreme Court may not be issuing decisions, but it did deny a petition to overturn a stay of West Virginia's extreme trans athlete ban. Mark has more on that decision and the shortcomings of a new Biden regulation about trans athletes.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Slate Daily Feed
Amicus: Tennessee-Style Power Grabs are Coming to a State House Near You

Slate Daily Feed

Play Episode Listen Later Apr 8, 2023 72:57


On this week's Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention. Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck's book, The Shadow Docket -  How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May. In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate Plus members about all the stuff we couldn't cram into an already jam-packed main show. They start with what's really not happening, and that is Supreme Court decisions. It's April and there has been a mere smattering of decisions from the High Court. Mark and Dahlia try to figure out what the looming logjam might mean. Next, they talk yacht etiquette, gift grift, and Justice Clarence Thomas' law breaking. And… Hey! Remember Wisconsin? It's a big deal - Mark and Dahlia delve into why. Finally, the Supreme Court may not be issuing decisions, but it did deny a petition to overturn a stay of West Virginia's extreme trans athlete ban. Mark has more on that decision and the shortcomings of a new Biden regulation about trans athletes.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices