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OA1189 - The Supreme Court's next term may not start until October, but their infamous shadow--sorry, “interim”--docket is in rare form as they issue snap decisions on everything from exactly where one 14-year-old boy can pee to just how openly racist ICE gets to be. Matt and Jenessa review which major precedents the conservative majority is ignoring to enable Trump's worst policies this week before getting on to some Epstein-related legal updates and a radical new development from the Board of Immigration Appeals with massive implications for Trump's mass deportation plans. Finally, Matt drops a footnote to address one of our nation's least pressing legal questions: is it really true that a wedding in Kentucky can be legally officiated by a dead bear once described as “filled to the brim with cocaine”? SCOTUS order in Trump v. Slaughter (9/8/2025) SCOTUS order (with Kavanaugh concurrence and Sotomayor dissent) in Noem v. Vasquez-Perdomo (9/8/25) Matter of Yajure Hurtado, 21 I&N 216 (BIA 2025) Kentucky Revised Statute 402.070 P.S. Matt messed up his audio and is very sorry about it!
Every week, headlines tell us that a single federal judge has blocked a presidential order—sometimes halting major policies for years. But should that be possible? Is it democratic?In this episode, we dig into the rise and fall of universal injunctions—a little-known legal tool that allowed one judge to freeze nationwide policy. With a recent Supreme Court decision, those injunctions are now off the table, but the ruling raises bigger questions: Has the Court consolidated power for itself? What does this mean for the balance between the executive branch, lower courts, and the justices in Washington?We talk with Jack Goldsmith, former Assistant Attorney General and Harvard Law professor, to unpack the legal mechanics, political stakes, and the hidden negotiations between the Supreme Court and the presidency. The result is a story about law, politics, and power that goes far beyond the headlines.
District and Circuit Court judges are in more or less open revolt over the Supreme Court's abuse of the shadow docket. Perhaps Justice Gorsuch shouldn't have implied that they were all stupid and insubordinate for failing to read his mind! The Trump administration insists it's very cool and very legal to deport immigrant children in the middle of the night so long as it's Health and Human Services doing the deporting. Will Judge Tim Kelly agree? And Blake Lively and Justin Baldoni are back to teach us civil procedure. Sanctions, anyone? Links: Ronny Jackson v. Weber (CA Sec State) https://www.courtlistener.com/docket/71235529/jackson-v-weber/ Kash Patel Makes FBI Great Again By Getting It Sued https://www.lawandchaospod.com/p/kash-patel-makes-fbi-great-again Alex Jones SCOTUS Cert Petition Docket https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-268.html Judge Ho “Denny's” Order https://storage.courtlistener.com/recap/gov.uscourts.ca5.224134/gov.uscourts.ca5.224134.25.1.pdf First Circuit Order, Rhode Island v. Trump https://storage.courtlistener.com/recap/gov.uscourts.rid.59257/gov.uscourts.rid.59257.79.0.pdf Judges, desperate for guidance, plead with Supreme Court justices: ‘Write an opinion' https://www.politico.com/news/2025/09/11/supreme-court-emergency-rulings-judges-00558058 L.G.M.L. v. Noem https://www.courtlistener.com/docket/71240524/lgml-v-noem Lively v. Wayfarer Studios LLC https://www.courtlistener.com/docket/69510553/lively-v-wayfarer-studios-llc/?order_by=desc Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
Newsmax is suing Fox News, and they've scored antitrust expert (lol) Judge Aileen Cannon. And while the Supreme Court is busy burning down the judiciary, trial judges are standing up. This week Judge Allison Burroughs of the District Court of Massachusetts ordered the Trump administration to give Harvard University its grant money back, and along the way reads SCOTUS conservatives for filth. And for subscribers: Why is the White House racing to appeal the tariff ruling when it could ride the stay for another eight months? Links: Newsmax v. Fox News https://www.courtlistener.com/docket/71258079/newsmax-broadcasting-llc-v-fox-corporation L.G.M.L. v. Noem https://www.courtlistener.com/docket/71240524/lgml-v-noem Trump v. V.O.S. Selections [SCOTUS Docket] https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-250.html V.O.S. Selections v. Trump [Federal Circuit Docket] https://www.courtlistener.com/docket/70394463/vos-selections-inc-v-trump/?order_by=desc In rare interviews, federal judges criticize Supreme Court's handling of Trump cases https://www.nbcnews.com/politics/supreme-court/supreme-court-trump-cases-federal-judges-criticize-rcna221775 Harvard v. HHS [docket via CourtListener] https://storage.courtlistener.com/recap/gov.uscourts.mad.283718/ NIH v. APHA (Supreme Court stay) https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
Gloria J. Browne Marshall is joined by Steve Vladeck to talk about the Supreme Court's Shadow Docket.
The gang is back together as Melissa, Kate, and Leah break down this week's mountain of legal news, including the Court's greenlighting of Trump's anti-DEI National Institutes of Health cuts, the president's war on mail-in ballots, and a batshit missive from Solicitor General John Sauer. Then, Leah speaks with candidate for Michigan attorney general Eli Savit about the latest threat to marriage equality. Finally, Kate chats with Penn Law professor Serena Mayeri about her book, Marital Privilege: Marriage, Inequality, and the Transformation of American Law.Hosts' and guests' favorite things:Leah: One First, Steve Vladeck; The Pennyroyal Green Series, Julie Anne Long; Why the Supreme Court Is Not to Be Trusted, Laurie L. Levenson (LARB)Kate: Would You Trust This Man With Your Elections? By Richard Hasen (NYT); Kim Lane Scheppele's Chautauqua lecture;Melissa: Atmosphere, Taylor Jenkins Reid; Commonwealth, Ann Patchett; The Gilded Age (HBO)Eli: Jealous Type, Doja Cat Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesGet tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.comFollow us on Instagram, Threads, and Bluesky
【聊了什么】 在特朗普2.0时代,高院6比3的保守派多数已成定局。面对特朗普政府在行政权上的不断扩张和对司法独立底线的不断试探,高院是如何回应的?最高法院是美国民主的最后一道防线,还是行政权力的橡皮图章? 本期节目中,我们与两位嘉宾复盘最高法院近期的关键判决,剖析其对美国政治与社会的深远影响。 播客文字稿(付费会员专享):https://theamericanroulette.com/scotus-rulings-2025-transcript 【支持我们】 如果喜欢这期节目并希望支持我们将节目继续做下去: 也欢迎加入我们的会员计划: https://theamericanroulette.com/paid-membership/ 会员可以收到每周2-5封newsletter,可以加入会员社群,参加会员活动,并享受更多福利。 合作投稿邮箱:american.roulette.pod@gmail.com 【时间轴】 03:05 高院年度盘点背景介绍:特朗普第二任期与6比3的保守派多数 05:26 批判“3-3-3”法院的说法 11:10 首席大法官罗伯茨的个人议程与困境 15:05 宪法、政策与司法审查:法院角色的理论探讨 21:27 Trump v. CASA 与出生公民权 41:01 “影子卷宗”(Shadow Docket)的兴起及其影响 46:41 影子卷宗案例:移民与行政权力案件 53:01 从高院判决看总统制与议会制的差异 64:43 LGBTQ权益与父母权利的冲突 72:48 阿里托的愤怒与杰克逊的“末日预言” 83:24 高院的未来:合法性危机与下任期展望 95:34 重新审视法院角色 【我们是谁】 美轮美换是一档深入探讨当今美国政治的中文播客。 我们的主播和嘉宾: Lokin:美国法学院毕业生,即将成为一名纽约诉讼律师 王浩岚:美国政治爱好者,岚目公众号主笔兼消息二道贩子 Nancy:普林斯顿大学政治学博士生,耶鲁法学院法律博士 品达:美国政治观察人士 【 What We Talked About】 In the era of Trump 2.0, a 6-3 conservative majority on the Supreme Court is a settled reality. How has the Court responded to the Trump administration's continuous expansion of executive power and its constant testing of the boundaries of judicial independence? Is the Supreme Court the last line of defense for American democracy, or a mere rubber stamp for executive authority? In this episode, we are joined by two guests to review the Supreme Court's recent key decisions and analyze their profound impact on American politics and society. Podcast Transcript (Paid Subscribers Only): https://theamericanroulette.com/scotus-rulings-2025-transcript 【Support Us】 If you like our show and want to support us, please consider the following: Join our membership program: https://theamericanroulette.com/paid-membership/ Support us on Patreon: www.patreon.com/americanroulette Business Inquiries and fan mail: american.roulette.pod@gmail.com 【Timeline】 03:05 Background for the Supreme Court's Year in Review: Trump's Second Term and the 6-3 Conservative Majority 05:26 Critiquing the "3-3-3" Court Theory 11:10 Chief Justice Roberts's Personal Agenda and Dilemmas 15:05 Constitution, Policy, and Judicial Review: A Theoretical Exploration of the Court's Role 21:27 Trump v. CASA and Birthright Citizenship 41:01 The Rise of the "Shadow Docket" and Its Impact 46:41 Shadow Docket Cases: Immigration and Executive Power 53:01 Presidential vs. Parliamentary Systems as Seen Through Supreme Court Rulings 64:43 The Conflict Between LGBTQ Rights and Parental Rights 72:48 Justice Alito's Anger and Justice Jackson's "Doomsday Prophecy" 83:24 The Future of the Supreme Court: Legitimacy Crisis and a Look Ahead to the Next Term 95:34 Reexamining the Role of the Court 【Who We Are】 The American Roulette is a podcast dedicated to helping the Chinese-speaking community understand fast-changing U.S. politics. Our Hosts and Guests: Lokin: U.S. law school student, incoming NY litigation lawyer 王浩岚 (Haolan Wang): American political enthusiast, chief writer at Lán Mù WeChat Official Account, and peddler of information Nancy:Princeton Politics PhD student, Yale Law School graduate Pinda:American political enthusiast 【The Links】 Trump v. CASA, Inc. https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf Department of Homeland Security v. D.V.D. https://www.supremecourt.gov/opinions/24pdf/24a1153_2co3.pdf Mahmoud v. Taylor https://www.supremecourt.gov/opinions/24pdf/24-297_4f14.pdf A. A. R. P. v. Trump https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf Skrmetti v. United States https://www.supremecourt.gov/opinions/24pdf/23-477_2cp3.pdf Trump v. Wilcox https://www.supremecourt.gov/opinions/24pdf/24a966_1b8e.pdf KBJ's footnote 12 in Stanley v. City of Sanford, Florida https://abovethelaw.com/2025/06/neil-gorsuch-starts-some-supreme-court-drama-ketanji-brown-jackson-ends-it/ How the Transgender Rights Movement Bet on the Supreme Court and Lost https://www.nytimes.com/2025/06/19/magazine/scotus-transgender-care-tennessee-skrmetti.html Sarah McBride on Why the Left Lost on Trans Rights https://www.nytimes.com/2025/06/17/opinion/ezra-klein-podcast-sarah-mcbride.html Lawless https://www.simonandschuster.com/books/Lawless/Leah-Litman/9781668054628
Why does the Supreme Court side with Donald Trump using a method that hides their opinions from public scrutiny? The Brendan Center for Democracy's Stephen Spaulding joins Thom with the details.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
NOTUS’ Evan McMorris-Santoro examines why Republicans are acting so irrationally. The Shadow Docket author Stephen Vladeck details the legality of Trump’s D.C. takeover.See omnystudio.com/listener for privacy information.
The Supreme Court can't be bothered to do real law — but they still expect trial judges to read their minds and treat those nebulous shadow docket orders like binding precedent. And that invisible ink precedent says that Trump can fire anyone, anywhere, at any time. Abrego Garcia is still dancing on the knife edge between Trump's DOJ and his DHS. And we explain why the current state of our media is all Hulk Hogan's fault. Links: SCOTUS Shadow Docket Order Trump v. Wilcox https://www.supremecourt.gov/opinions/24pdf/24a966_1b8e.pdf SCOTUS Shadow Docket Order Trump v. Boyle https://www.supremecourt.gov/opinions/24pdf/25a11_2cp3.pdf Harper v. Bessent Docket https://www.courtlistener.com/docket/69951586/harper-v-bessent/ Abrego Garcia v. Noem [Docket via Court Listener] https://www.courtlistener.com/docket/69777799/abrego-garcia-v-noem US v. Garcia [Docket via Court Listener] https://www.courtlistener.com/docket/70475970/united-states-v-garcia Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
With approval ratings of The Supreme Court at a historic low, what can Congress and the average American citizen do to hold the court accountable, and foster transparency? Sharon welcomes law professor Stephen Vladeck to nerd out about all things Supreme Court. Stephen dives into the elusive behind-the-scenes “shadow docket,” and how 99% of what the court does is in the shadows – without public hearings, and without explanation. Credits: Host and Executive Producer: Sharon McMahon Supervising Producer: Melanie Buck Parks Audio Producer: Craig Thompson To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices
The Supreme Court is handing out lit matches and gasoline to the arsonist in chief and inviting him to burn down the Department of Education. Attorney Pam Bondi keeps inventing new ways to be corrupt, and none of them have to do with Jeffrey Epstein. And DHS is now kidnapping IP along with actual human beings. Plus, for subscribers, we'll talk about an effort by Americans United for the Separation of Church and state's efforts to save the Johnson Amendment from the DOJ's collusion with the Christian right. Links: Trump v. Selzer https://www.courtlistener.com/docket/69476247/trump-v-selzer/ US v. Plastic Surgery Institute of Utah https://www.courtlistener.com/docket/66735053/united-states-v-plastic-surgery-institute-of-utah/ Two-thirds of the DOJ unit defending Trump policies in court have quit https://www.reuters.com/legal/litigation/two-thirds-doj-unit-defending-trump-policies-court-have-quit-2025-07-14/ Black Rebel Motorcycle Club Instagram C&D https://www.instagram.com/p/DL8JVH7OIJ-/?utm_source=ig_embed&ig_rid=63f144d7-f9ed-4213-8170-f6432849d3fb US v. Amesty https://www.courtlistener.com/docket/69553068/united-states-v-amesty/ Judge Orders ICE Goons To Stop Racial Profiling And Start Following The Constitution https://www.lawandchaospod.com/p/judge-orders-ice-goons-to-stop-racial Vasquez Perdomo v. Noem https://www.courtlistener.com/docket/70594806/pedro-vasquez-perdomo-v-kristi-noem/ Supreme Court stay New York v. McMahon https://www.supremecourt.gov/opinions/24pdf/24a1203_pol1.pdf National Religious Broadcasters v. Werful https://www.courtlistener.com/docket/69105317/national-religious-broadcasters-v-werfel/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
The Felon President is proposing new tariffs which (of course) affect your pocketbook, but all in the name of...America? Next, an email went out regarding Social Security and guess what? It was wrong, so get the updates here. Then, Pat Kreitlow stops by to talk about the latest decision from Th Supreme Court's "Shadow Docket", as well as Pat and Greg's adventures in good sleeping health. As always, thank you for listening, texting and calling, we couldn't do this without you! Don't forget to download the free Civic Media app and take us wherever you are in the world! Matenaer On Air is a part of the Civic Media radio network and airs weekday mornings from 9-11 across the state. Subscribe to the podcast to be sure not to miss out on a single episode! You can also rate us on your podcast distribution center of choice. It goes a long way! Guest: Pat Kreitlow
Air Date 7/12/2025 The idea of the founders was to separate and balance the powers of the federal government and that, as Madison wrote, that ambition would counteract ambition. The problem we face now is that the ambition of the Supreme Court is to give as much power as possible to the executive branch because, ironically, they seem to be nostalgic for a king. Be part of the show! Leave us a message or text at 202-999-3991, message us on the infamous Signal at the handle bestoftheleft.01, or email Jay@BestOfTheLeft.com Full Show Notes Check out our new show, SOLVED! on YouTube! BestOfTheLeft.com/Support (Members Get Bonus Shows + No Ads!) Join our Discord community! KEY POINTS KP 1: Trump, the Imperial Presidency, and How the Bush & Biden Administrations Got Us Here w/ James Bovard - Parallax Views w/ J.G. Michael - Air Date 7-2-25 KP 2: The Shadow Docket and How the Supreme Court Uses It - Bloomberg Law - Air Date 11-3-21 KP 3: SCOTUS Clears the Way for Trump's Lawlessness - Strict Scrutiny - Air Date 6-30-25 KP 4: Hot Shadow Docket Summer with Leah Litman Part 1 - Justice By Design - Air Date 6-20-25 KP 5: The Many Compromises of Elena Kagan - Amicus With Dahlia Lithwick | Law, justice, and the courts - Air Date 6-21-25 KP 6: Trump-GOP's Supreme Court Rubber Stamp w/ Elie Mystal - The Majority Report w/ Sam Seder Part 1 - Air Date 6-30-25 KP 7: Why Supreme Court Approved Trump's Mass Deportation to Foreign Concentration Camp Scheme - Thom Hartmann Progam - Air Date 6-25-25 (00:50:22) NOTE FROM THE EDITOR On the One Million Rising activist trainings from Indivisible.org DEEPER DIVES (00:56:04) SECTION A: SHADOWY & FUTURE RULINGS (01:25:26) SECTION B: THE IMPLICATIONS (01:50:55) SECTION C: THE GOP'S JUDGES (02:25:22) SECTION D: DICTATOR TRUMP (02:46:07) SECTION E: SORT OF POSITIVE I GUESS SHOW IMAGE CREDITS Description: Composite image of the conservative justices on the Supreme Court in front of a giant, elaborate gold frame with a painting of an angry-looking Trump in king/general regalia and tie. Credit: Composite design A. Hoffman. Elements: Portrait of Supreme Court Justices, Public Domain | Other elements from Pixabay. License Produced by Jay! Tomlinson
The Supreme Court's howler monkey wing greenlights Trump's third country renditions without notice and cuts the legs out from underneath the entire federal judiciary. So much for CJ Roberts, protector of the courts! And the Ninth Circuit lets Trump steal California's National Guard for a fictitious emergency. In better news, Harvard gets an injunction against the government's effort to kneecap it by blocking foreign students. And Disney takes on Midjourney, the AI company whose business model appears to rest on wholesale copyright infringement. Links: Supreme Court Shadow Docket Order DHS v. DVD https://www.supremecourt.gov/opinions/24pdf/24a1153_l5gm.pdf President and Fellows of Harvard College v. United States Department of Homeland Security [Docket via Court Listener] https://www.courtlistener.com/docket/70349156/president-and-fellows-of-harvard-college-v-united-states-department-of/ Newsom v. Trump [Trial Docket via Court Listener] https://www.courtlistener.com/docket/70496361/newsom-v-trump/ Newsom v. Trump [9th Circuit Docket via Court Listener] https://www.courtlistener.com/docket/70527602/newsom-et-al-v-trump-et-al/ US v. Abrego [TN Criminal Docket via Court Listener] https://www.courtlistener.com/docket/70475970/united-states-v-garcia/ Disney v. Midjourney (C.D. Cal.) [docket via CourtListener] https://www.courtlistener.com/docket/70513159/disney-enterprises-inc-v-midjourney-inc/ Midjourney Terms of Service https://docs.midjourney.com/hc/en-us/articles/32083055291277-Terms-of-Service 2022 Midjouney interview in The Register https://www.theregister.com/2022/08/01/david_holz_midjourney/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
What happens if a president defies a Supreme Court ruling? In this powerful segment from Episode 47: The Shadow Docket, Georgetown Law Professor and constitutional scholar Stephen Vladeck breaks down the chilling implications of such a scenario—and why the federal courts remain a critical bulwark even in turbulent times.
The justices have already had a deluge of emergency requests from the Trump administration, and another is likely to land before them soon involving the president's tariffs. Lower courts have temporarily ruled against the tariffs using doctrines recently revived by the Supreme Court's conservative majority to frustrate policies of Democratic administrations. The Trump administration has signaled it will bring the case to the high court. Cases and Controversies hosts Kimberly Robinson and Greg Stohr discuss those cases as well as other actions by the court. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.
In this stirring clip from Episode 47 of See You In Court, Professor Stephen Vladeck (Georgetown Law) joins co-host Lester Tate to spotlight a growing concern in today's legal landscape: law firms choosing political appeasement over principle.
Mike Waltz fired as national security adviser after Signalgate scandal. (We caught the update about his nomination to be UN ambassador during the Shadow Docket.) Donald confuses Harlem and Harvard in bizarre TV interview. Donald and Kilmar Garcia's MS13 tattoo that doesn't exist. The president said he won't bring Garcia back from El Salvador in defiance of the Supreme Court. RFK Jr. says fluoride in the water is making people dumb. The economy shrank by 0.3 percent last quarter. The Senate Republicans own the tariffs after failed vote. Trump appointed judge rules against his use of the Alien Enemies Act. Elon could be replaced as Tesla CEO. With Jody Hamilton, David Ferguson, music by Powder Pink and Sweet, Sammi Garett, and more!See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
Know Your Enemy’s Sam Adler-Bell examines Trump’s weaponization of law enforcement.The Shadow Docket author Stephen Vladeck details the courts’ pushback against Trump’s agenda.See omnystudio.com/listener for privacy information.
Can the U.S. government deport someone without a hearing—or even proof of identity? In this powerful clip, Professor Stephen Vladeck, constitutional law expert and author of The Shadow Docket, explains why recent actions under the 1798 Alien Enemies Act should alarm every American. If the government doesn't need to prove you're undocumented, what's stopping them from targeting anyone? Vladeck exposes the dangers of bypassing judicial review and warns of the precedent this sets—not just for immigrants, but for all citizens.
In this brief clip from Episode 47, Professor Stephen Vladeck explains why judges need to write opinions—even on urgent or procedural rulings. When they don't, it feeds the perception of partisanship and erodes public trust. Hear why transparency in the courts isn't just a legal issue—it's a democratic one.
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.
In this short clip from Episode 47, Professor Stephen Vladeck introduces the concept of the "shadow docket"—a little-known but powerful practice the U.S. Supreme Court uses to make major legal decisions without transparency. Find out why these rulings matter, and how they quietly shape the laws that affect us all.
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.
The Shadow Docket
Charlie Sykes examines Pete Hegseth’s little group chat problem. The Shadow Docket author Stephen Vladeck details the dynamics of when the Supreme Court rules against Trump.See omnystudio.com/listener for privacy information.
In this episode of Leadership and Legacy, Georgetown University Law Center professor Steve Vladeck explores the history of leadership on the United States Supreme Court, the qualities of an effective justice, and how public opinion does—or doesn't—influence the court. He highlights the importance of institution building—his choice for most important justice in this sense may surprise you—and the influential roles played by justices beyond the Chief Justice. Vladeck also cautions that while Court decisions have immediate real-world impact, a lasting legacy takes time to develop. From Bushrod Washington to John Roberts, tune in to gain valuable insights on leadership, teamwork, leading through dissent, and the United States Supreme Court.Leadership and Legacy: Conversations at the George Washington Presidential Library is hosted by Washington Library Executive Director Dr. Lindsay Chervinsky. It is a production of the Mount Vernon Ladies' Association and Primary Source Media. For more information about this program, go to www.GeorgeWashingtonPodcast.com. You can learn more about Steve Vladeck's work at www.stevevladeck.com or check out his recent book The Shadow Docket.
In this episode of Leadership and Legacy, Georgetown University Law Center professor Steve Vladeck explores the history of leadership on the United States Supreme Court, the qualities of an effective justice, and how public opinion does—or doesn't—influence the court. He highlights the importance of institution building—his choice for most important justice in this sense may surprise you—and the influential roles played by justices beyond the Chief Justice. Vladeck also cautions that while Court decisions have immediate real-world impact, a lasting legacy takes time to develop. From Bushrod Washington to John Roberts, tune in to gain valuable insights on leadership, teamwork, leading through dissent, and the United States Supreme Court.Leadership and Legacy: Conversations at the George Washington Presidential Library is hosted by Washington Library Executive Director Dr. Lindsay Chervinsky. It is a production of the Mount Vernon Ladies' Association and Primary Source Media. For more information about this program, go to www.GeorgeWashingtonPodcast.com. You can learn more about Steve Vladeck's work at www.stevevladeck.com or check out his recent book The Shadow Docket.
The Mary Trump Show's Mary Trump stops by to discuss the incoming vision of Trump 2.0. The Shadow Docket author Stephen Vladeck examines the Supreme Court’s upcoming decision on corporate transparency.See omnystudio.com/listener for privacy information.
No Ultimate Edition or Shadow Docket today -- just one long, uninterrupted talk between Bob, Jody, and David about the incoming disaster. We all need to be the friend who jumps in the hole. We recap some highlights from Sexy Liberal LA. And most importantly we get our first big laughs since Election Night Nightmare. With Jody Hamilton, David Ferguson, music by C.C. Grace, and more.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
Today's West Coast Cookbook & Speakeasy Podcast for our especially special Daily Special, River City Hash Mondays is now available on the Spreaker Player!Starting off in the Bistro Cafe, Alito left a cryptic message to MAGA hidden in the Supreme Court's Shadow Docket order protecting Pennsylvania voting rights.Then, on the rest of the menu, since Dobbs, Idaho mothers are increasingly accused of child abuse while pregnant; a federal judge ruled it's too close to the election to stop the state from challenging the validity of thousands of ballots that the Iowa attorney general began only two weeks ago; and, the Army's Criminal Investigation Division is looking into allegations that the four-star general who heads the US Central Command, shoved a member of his air crew during a trip overseas.After the break, we move to the Chef's Table where Moldova's pro-Western president has won a second term in a runoff overshadowed by Russian meddling; and, at a boisterous event in front of thousands of exuberant supporters, the Albanian prime minister said the country hopes to join the European Union by 2030.Bon Appétit!The Netroots Radio Live PlayerKeep Your Resistance Radio Beaming 24/7/365!"I was never a spy. I was with the OSS organization. We had a number of women, but we were all office help." -- Julia ChildBecome a supporter of this podcast: https://www.spreaker.com/podcast/west-coast-cookbook-speakeasy--2802999/support.
Do courts have the expertise to decide on important environmental law issues? Pam Karlan and Rich Ford speak with environmental law expert Debbie Sivas, director of the Environmental Law Clinic at Stanford, about recent Supreme Court decisions affecting environmental and administrative law--including the Court's decision to overturn decades of settled law by overturning Chevron. What are the implications of the Court's recent blockbuster environmental decisions--the impact on the Clean Air Act, and broader consequences for regulatory agencies and environmental policies. Tune in to explore how these legal shifts could reshape the landscape of environmental regulation in the United States.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Law Magazine >>> Twitter/XLinks:Deborah Sivas >>> Stanford Law School Page(00:00:00) Chapter 1: Introduction and OverviewPam and Rich welcome Professor Debbie Sivas from Stanford's Environmental Law Clinic. They provide an overview of significant Supreme Court cases impacting environmental and administrative law, highlighting the pivotal Loeb or Wright decision that ended Chevron deference.(00:02:06) Chapter 2: Chevron Deference and Its Implications Explained Discussion on the historical context and implications of Chevron deference, with Debbie Sivas explaining its significance and how its removal might affect future legal interpretations and administrative agency power.(00:09:12) Chapter 3: Expert Opinions vs. Judicial InterpretationsExamination of the Supreme Court's approach to statutory interpretation versus agency expertise, highlighting cases like Ohio against EPA and the challenges posed by the court's stance on scientific and technical matters.(00:16:12) Chapter 4: The Role of the Major Questions Doctrine and Non-Delegation DoctrineAnalysis of the Major Questions Doctrine's impact on regulatory power and the potential resurgence of the Non-Delegation Doctrine, focusing on how these legal principles shape environmental policy and agency authority.(00:18:57) Chapter 5: The Ohio Against EPA Case and Its Broader ImplicationsDetailed discussion on the Ohio against EPA case, its current status, and the implications of the Supreme Court's emergency stay decision on future regulatory actions and environmental protections.
Van Lathan and Rachel Lindsay talk about the 2024 Paris Olympics, what they are looking forward to, and the conservative reaction to the opening ceremony (18:20). Then they talk about new, scary Trumpisms (34:27) before getting into the announcement of Robert Downey Jr. as Doctor Doom (1:03:13). Lastly, they discuss the Supreme Court's use of the shadow docket and what it means for the rights of many (1:22:03). Hosts: Van Lathan and Rachel Lindsay Producer: Ashleigh Smith Learn more about your ad choices. Visit podcastchoices.com/adchoices
The Lincoln Project's Rick Wilson examines J.D. Vance and discussions of his relationship with home furniture. Former Mayor Michael Tubbs details his run for lieutenant governor of California. The Shadow Docket author Stephen Vladeck examines the further erosion of trust in the Supreme Court.See omnystudio.com/listener for privacy information.
Stephen Vladeck is professor of law at Georgetown University. He is the author of a New York Times bestselling book, The Shadow Docket. He publishes a widely-read newsletter on the Supreme Court, One First.
As we stand poised at the threshold of June, we brace ourselves for the fire hose of opinions headed our way in the next four or so weeks. But why? Why –even as the Court is taking on fewer cases – is there an absolute dogpile of decisions, with no map for what will come down or when, beyond a SCOTUS-adjacent cottage industry in soothsaying and advance-panic and guessing? Dahlia Lithwick takes us through a whirlwind of Supreme Court decisions and controversies, expertly assisted by Professor Steve Vladeck (whose New York Times bestseller The Shadow Docket came out in paperback this week) and Mark Joseph Stern in untangling the complex web of legal, political, and personal dramas enveloping the nation's highest court. From Justice Alito's flag-flying fiasco, to the forces shaping the court's docket, to its divisive rulings, this episode could well be titled “Why Are They Like This?” As the court's term hurtles towards its frenetic close, Dahlia and her guests dissect the legal and ethical ramifications of the justices' actions, both on and off the bench. Tune in to this must-listen episode of Amicus for an eye-opening exploration of the Supreme Court's turbulent session, the ideological battles at play, and what it all could mean for the fundamental principles of democracy and the rule of law. Whether you're a legal aficionado or simply concerned about the direction of the country, this episode is the end-of-term preview you really need to understand what the heck is happening over the next few weeks. Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you'll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices
As we stand poised at the threshold of June, we brace ourselves for the fire hose of opinions headed our way in the next four or so weeks. But why? Why –even as the Court is taking on fewer cases – is there an absolute dogpile of decisions, with no map for what will come down or when, beyond a SCOTUS-adjacent cottage industry in soothsaying and advance-panic and guessing? Dahlia Lithwick takes us through a whirlwind of Supreme Court decisions and controversies, expertly assisted by Professor Steve Vladeck (whose New York Times bestseller The Shadow Docket came out in paperback this week) and Mark Joseph Stern in untangling the complex web of legal, political, and personal dramas enveloping the nation's highest court. From Justice Alito's flag-flying fiasco, to the forces shaping the court's docket, to its divisive rulings, this episode could well be titled “Why Are They Like This?” As the court's term hurtles towards its frenetic close, Dahlia and her guests dissect the legal and ethical ramifications of the justices' actions, both on and off the bench. Tune in to this must-listen episode of Amicus for an eye-opening exploration of the Supreme Court's turbulent session, the ideological battles at play, and what it all could mean for the fundamental principles of democracy and the rule of law. Whether you're a legal aficionado or simply concerned about the direction of the country, this episode is the end-of-term preview you really need to understand what the heck is happening over the next few weeks. Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you'll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices
As we stand poised at the threshold of June, we brace ourselves for the fire hose of opinions headed our way in the next four or so weeks. But why? Why –even as the Court is taking on fewer cases – is there an absolute dogpile of decisions, with no map for what will come down or when, beyond a SCOTUS-adjacent cottage industry in soothsaying and advance-panic and guessing? Dahlia Lithwick takes us through a whirlwind of Supreme Court decisions and controversies, expertly assisted by Professor Steve Vladeck (whose New York Times bestseller The Shadow Docket came out in paperback this week) and Mark Joseph Stern in untangling the complex web of legal, political, and personal dramas enveloping the nation's highest court. From Justice Alito's flag-flying fiasco, to the forces shaping the court's docket, to its divisive rulings, this episode could well be titled “Why Are They Like This?” As the court's term hurtles towards its frenetic close, Dahlia and her guests dissect the legal and ethical ramifications of the justices' actions, both on and off the bench. Tune in to this must-listen episode of Amicus for an eye-opening exploration of the Supreme Court's turbulent session, the ideological battles at play, and what it all could mean for the fundamental principles of democracy and the rule of law. Whether you're a legal aficionado or simply concerned about the direction of the country, this episode is the end-of-term preview you really need to understand what the heck is happening over the next few weeks. Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you'll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices
Trump's lawyers make a bevy of unforced errors as their client continues to march ever closer to a conviction in New York for fraud in concealing the payoff payment to Stormy Daniels. Also, the Supreme Court surprises us, sort of, for now, by not sacking the Consumer Financial Protection Bureau and by allowing a Louisiana congressional map to go into effect that doubles the minority representation in that state. Links: 12 U.S.C. § 5481 et seq. https://www.law.cornell.edu/uscode/text/12/chapter-53/subchapter-V CFPB Initial Report, July 18, 2011 https://files.consumerfinance.gov/f/2011/07/Report_BuildingTheCfpb1.pdf 2023 Pew Research on Payday Loans https://www.pewtrusts.org/en/research-and-analysis/articles/2023/06/02/payday-loans-and-overdraft-a-short-history-and-whats-next “How Payday Loans Work” https://paydayloaninfo.org/how-payday-loans-work/ Bankrate's Emergency Savings Report https://www.bankrate.com/banking/savings/emergency-savings-report/ Alito protest flag https://www.nytimes.com/2024/05/16/us/justice-alito-upside-down-flag.html?smtyp=cur&smid=bsky-nytimes CFPB v. CFSA https://www.supremecourt.gov/opinions/23pdf/22-448_o7jp.pdf Landry v. Callais Application for stay https://www.supremecourt.gov/DocketPDF/23/23A1002/309522/20240510115206439_Landry%20v.%20Callais%20-%20Emergency%20Stay%20App-FINAL.pdf Opp https://www.supremecourt.gov/DocketPDF/23/23A1002/309633/20240513120736126_COMBINED%20DOCUMENT.pdf Jackson dissent https://www.supremecourt.gov/opinions/23pdf/23a994_7mip.pdf New York Penal Law § 175.10 https://codes.findlaw.com/ny/penal-law/pen-sect-175-10 Order on Motion in Limine to exclude Smith https://www.justsecurity.org/wp-content/uploads/2024/03/Just-Security-NY-2016-Election-Interference-Case-Clearinghouse-Order-on-State-of-New-York-motions-in-limine-March-18-2024.pdf New York Rule 6.11 https://www.nycourts.gov/JUDGES/evidence/6-WITNESSES/6.11_Impeachment,%20when%20authorized.pdf Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod
OA1032 We're very pleased to welcome Steve Vladeck on the show to talk about what's going on with the Supreme Court these days, and how shadowy their docket has been recently. We then dig into (and debate a touch) a recent piece he wrote regarding a different way to conceptualize about court reform, and what he personally sees as viable and appropriate among the various proposals for change. Be sure to read The Shadow Docket, which will be released on paperback soon, and subscribe to One First to get more of Steve's great coverage! Then we reveal the answer to last episode's T3BE; did Thomas successfully determine the fate of Rebecca the violinist? And who from the audience will be the lucky winner?! Remember to head over to www.patreon.com/gavelpod to follow our Trump Trial coverage ahead of the public release of the show! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
Liz and Andrew interview law professor Steven Vladek about The Shadow Docket, what makes the Supreme Court legitimate, and how to think and talk about it in order to reform the Court for the future. Links: The Shadow Docket https://www.amazon.com/Shadow-Docket-Supreme-Undermine-Republic/dp/B0BJ15Q9VZ/ Lisa Needham on Public Notice, “The Dangerously Illiberal Judges” https://www.publicnotice.co/p/columbia-protests-law-clerk-trump-judges-boycott Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod
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
The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… conservatives with fringe views! Leah, Melissa, and Kate preview those cases, along with the mifepristone case the Court will hear next week. Plus, they do a deep dive on how SCOTUS uses the shadow docket to clear the way for executions.Strict Scrutiny is headed back to DC for another live show! Get your presale tickets NOW with the code SCRUTINY. Head to crooked.com/events for more info! --> Washington DC TicketsHere's the full episode in which we called pretty much the entire outcome of the Title X family planning program case in the Fifth CircuitICYMI, Melissa's book with Andrew Weissmann, The Trump Indictments: The Historic Charging Documents with Commentary, hit #1 on the New York Times' Bestseller List! If you haven't gotten your own copy, code STRICT10 will get you 10% off at Bookshop.org Follow us on Instagram, Twitter, Threads, and Bluesky
This week in Florida: Judge Cannon rules in favor of DoJ's motion to keep witness names under seal even while saying that DoJ has the law wrong; several rulings on CIPA Section 4 motions including Nauta and De Oliveira's bid to get access to classified discovery.In the DC case, Kenneth Chesebro had a secret Twitter account that he kept from investigators.Plus, another thought-provoking listener question, and more.Brian Greerhttps://twitter.com/secretsandlaws Brian Greer's Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ AMICI CURIAE to the District Court of DC https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJenksJencks Material | Thomson Reuters Practical Law Glossaryhttps://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)Gigliohttps://definitions.uslegal.com/g/giglio-information/Statutes:18 U.S.C. § 241 | Conspiracy Against Rights18 U.S.C. § 371 | Conspiracy to Defraud the United States | JM | Department of Justice18 U.S.C. § 1512 | Tampering With Victims, Witnesses, Or Informants Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJCheck out other MSW Media podcastshttps://mswmedia.com/shows/Follow AGFollow Mueller, She Wrote on Posthttps://twitter.com/allisongillhttps://twitter.com/MuellerSheWrotehttps://twitter.com/dailybeanspodAndrew McCabe isn't on social media, but you can buy his book The ThreatThe Threat: How the FBI Protects America in the Age of Terror and TrumpWe would like to know more about our listeners. Please participate in this brief surveyListener Survey and CommentsThis Show is Available Ad-Free And Early For Patreon and Supercast Supporters at the Justice Enforcers level and above:https://dailybeans.supercast.techOrhttps://patreon.com/thedailybeansOr when you subscribe on Apple Podcastshttps://apple.co/3YNpW3P
Last week Supreme Court justices heard arguments about whether the state of Colorado could ban Donald Trump from the ballot. This week, Trump petitioned the justices to temporarily block a decision by a federal appeals court regarding his claim of presidential immunity. “The real question to me is how do these two cases, the Colorado case and the January 6th prosecution, end up fitting together,” says Stephen Vladeck, professor at the University of Texas School of Law and author of the New York Times bestseller “The Shadow Docket.” Vladeck joined Diane on this episode of On My Mind to explain these cases and why, together, they highlight the role today's Supreme Court plays in the country's democracy. For more from Stephen Vladeck, you can read his newsletter, One First.
Roe. Brown. Obergefell. Dobbs. These Supreme Court decisions are the ones that make headlines, and eventually history books. But today, the vast majority of the Court's work actually happens out of the public eye, on what's become known as the shadow docket. The story of that transformation spans more than a century, and doesn't fall neatly along partisan lines. Today, thanks to our friends at NPR's history podcast Throughline: how the so-called court of last resort has gained more and more power over American policy, and why the debates we don't see are often more important than the ones we do.
Roe. Brown. Obergefell. Dobbs. These Supreme Court decisions are the ones that make headlines, and eventually history books. But today, the vast majority of the Court's work actually happens out of the public eye, on what's become known as the shadow docket. The story of that transformation spans more than a century, and doesn't fall neatly along partisan lines. Today on the show: how the so-called court of last resort has gained more and more power over American policy, and why the debates we don't see are often more important than the ones we do.
On today's episode of Here's Where It Gets Interesting, Sharon welcomes law professor Stephen Vladeck to nerd out about all things The Supreme Court. Stephen dives into the elusive behind-the-scenes “shadow docket,” and how 99% of what the court does is in the shadows – without public hearings, and without explanation. With approval ratings of the The Supreme Court at a historic low, what can Congress and the average American citizen do to hold the court accountable, and foster transparency? Special thanks to our guest, Stephen Vladeck, for joining us today. Hosted by: Sharon McMahonGuest: Stephen VladeckExecutive Producer: Heather JacksonAudio Producer: Jenny Snyder Hosted on Acast. See acast.com/privacy for more information.
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