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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.
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
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.
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
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
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
Hugh discusses recent SCOTUS rulings with Jonathan Adler, professor at Case Western Reserve University School of Law, and Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law. Also on the program today is Byron York, Chief Political Correspondent for Washington Examiner, former Minnesota Senator Norm Coleman, Republican Jewish Coalition National Chairman, and Salena Zito, NY Post Columnist.See omnystudio.com/listener for privacy information.
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
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
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
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
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
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
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
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
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.
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.
Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders. Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, has closely tracked that change and its impact on the court as an institution in recent years. Vladeck joins Amy to discuss his new book The Shadow Docket. We are taking a hiatus from our regularly scheduled episodes this spring. We hope to be back soon. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
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.
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
Preet speaks with Professor Steve Vladeck about Senator Lindsey Graham's legal arguments to avoid testifying before a grand jury in connection with his potential involvement in the effort to overturn the 2020 election results in Georgia. Graham has argued that the Constitution's “Speech or Debate” Clause protects him from being questioned under oath. But what does that really mean? Vladeck is the Charles Alan Wright Chair in Federal Courts at University of Texas School of Law, a prolific Twitter legal commentator, and a CNN Supreme Court analyst. Stay Tuned in Brief is a new offering from CAFE and the Vox Media Podcast Network. It's what it sounds like: a shorter Stay Tuned. Please let us know what you think! Email us at letters@cafe.com, or leave a voicemail at 669-247-7338. REFERENCES: ArtI.S6.C1.3, Speech or Debate Clause United States v. Brewster, 408 U.S. 501 (1972) Sen. Lindsey Graham's motion for partial quashal, 8/24/22 Learn more about your ad choices. Visit podcastchoices.com/adchoices
This week, Jeremi and Zachary are joined by Professor Steve I. Vladeck as they discuss the ramifications of the recently leaked supreme court draft decision, as well as the future of both abortion rights and the supreme court itself. Zachary sets the scene with his poem "The Right To Chew" Stephen I. Vladeck (@steve_vladeck) 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. Professor Vladeck has argued before the U.S. Supreme Court, the Texas Supreme Court, and various lower federal civilian and military courts; has testified before numerous congressional committees and Executive Branch agencies and commissions; has served as an expert witness both in U.S. state and federal courts and in foreign tribunals; and has received numerous awards for his influential and widely cited legal scholarship, his prolific popular writing, his teaching, and his service to the legal profession. Vladeck is the co-host, together with Professor Bobby Chesney, of the popular and award-winning “National Security Law Podcast.” He is CNN's lead Supreme Court analyst and a co-author of Aspen Publishers' leading national security law and counterterrorism law casebooks. And he is an executive editor of the Just Security blog and a senior editor of the Lawfare blog. This Episode was Mixed and Mastered by Kate Whitmer, and Alejandra Arrazola
In this episode, "On the Issues" continues its Road to Confirmation series, unpacking Judge Ketanji Brown Jackson's historic Supreme Court confirmation hearings, including her seeming walk through fire. We examine the hearings, including Judge Jackson's judicial temperament, judicial and legal experience, as well as conduct of the Senate Judiciary Committee. How did a process meant to be rigorous, but respectful and fair turn into days of badgering, bullying, and a litmus test on religion? We also probe what happens next.Joining us for this timely discussion are very special guests.Syovata Edari is a criminal defense attorney, former state and federal public defender, and international award-winning chocolatier. Ms. Edari is recognized as a leading voice and advocate in the U.S. criminal justice system, both in the public and private sectors.Danielle Holley-Walker is the Dean and a professor of law of Howard Law School, and a former clerk for Chief Judge Carl E. Stewart on the 5th Circuit. Her research focuses on the governance of public schools, and diversity in the legal profession.Zinelle October is the executive vice president of the American Constitution Society, the country's foremost progressive legal organization.Steve Vladeck is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice and the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law. Vladeck has argued multiple cases before the U.S. Supreme Court, the Texas Supreme Court and the lower federal courts. He is also the co-host of the award-winning National Security Law Podcast.Rate and review “On the Issues with Michele Goodwin" to let us know what you think of the show! Let's show the power of independent feminist media. Check out this episode's landing page at MsMagazine.com for a full transcript, links to articles referenced in this episode, further reading and ways to take action.Tips, suggestions, pitches? Get in touch with us at ontheissues@msmagazine.com. Support the show (http://msmagazine.com)
Last month, Russia launched a premeditated, unjustified, and unprovoked military invasion of Ukraine in flagrant violation of international law. In response, the international community has unleashed crippling economic sanctions on Russia, President Biden has vowed that the United States will fulfill its obligations as a member of NATO, and the International Criminal Court has launched a probe into Russian war crimes. Debra Perlin speaks this week with Steve Vladeck about the laws and legal systems governing each of these developments, and about why American diplomatic capital is vital in times of international crisis. ----------------- Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Debra Perlin, ACS Director of Policy and Programs Guest: Stephen Vladeck, Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law Link: "We Must be Unequivocal in Our Defense of Democracy," by Russ Feingold, ACS President Link: The National Security Law Podcast: Rhyming or Outright Repeating? Link: UN Charter Link: NATO Treaty Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2022.
President Biden has announced Judge Ketanji Brown Jackson as the nominee to succeed Justice Stephen Breyer on the United States Supreme Court. Who is she? What's her background? And why is she one of the most qualified and prepared nominees that this process has seen in nearly a century? In this episode, we unpack Judge Jackson's qualifications and examine what's next in the process. This episode is the second installment of our Road to Confirmation series. “On the Issues” will be taking you through each step of the confirmation process as it happens in real time, with commentary and analysis from experts. Helping us to answer these questions and more is a very special guest. Danielle Holley-Walker is the dean and a professor of law of Howard Law School, and a former clerk for Chief Judge Carl E. Stewart on the 5th Circuit. Her research focuses on the governance of public schools, and diversity in the legal profession. In this episode we also hear from an "On the Issues" regular guestSteve Vladeck is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice and the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law. Vladeck has argued multiple cases before the U.S. Supreme Court, the Texas Supreme Court and the lower federal courts. He is also the co-host of the award-winning National Security Law Podcast. Rate and review “On the Issues with Michele Goodwin" to let us know what you think of the show! Let's show the power of independent feminist media. Check out this episode's landing page at MsMagazine.com for a full transcript, links to articles referenced in this episode, further reading and ways to take action.Tips, suggestions, pitches? Get in touch with us at ontheissues@msmagazine.com. Support the show (http://msmagazine.com)
Jeremi and Zachary, with special guest, Professor Stephen Vladeck, discuss the Shadow Docket in response to the recent controversial Texas Law that largely restricts access to Abortion. Zachary sets the scene with his poem, “The Right to Choose”. Stephen I. Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas […]
Special guest Steve Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law. Hosted by Scott Dodson.
The Biden Administration has announced its intent to close the Guantanamo Bay detainee facility. Should this happen? If it does, what should be done with the remaining detainees, who three successive Administrations have concluded are too dangerous to release. What is the appropriate role for Congress in this decision? Join us as leading experts weigh in on this vital national security question.The National Security Institute and the Federalist Society will co-host this event featuring a three-person panel consisting of:Karen Greenberg, Director of the Center on National Security at Fordham University School of LawDavid Rivkin, Partner at BakerHostetlerStephen Vladeck, Charles Alan Wright Chair in Federal Courts at the University of Texas School of LawThe panel will be moderated by Jamil Jaffer, Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University. See acast.com/privacy for privacy and opt-out information.