Podcasts about shadow docket

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 Player​Keep 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.

Sam talks with Dahlia Lithwick about how the SCOTUS and this term fit into the growing fascist threat and the stakes of the cases they will potentially be hearing and deciding this year. Dahlia Lithwick writes about the courts and the law for Slate and hosts the podcast Amicus. She is the author of Women, the Law, and the Battle to Save America. Mentioned in this episode: A Monumental SCOTUS Term Begins: Our Reluctant Curtain-Raiser This Supreme Court Term's Grimmest Cases Share One Thing in Common 5-4 Podcast 2023-2024 Term Preview with Chris Geidner ProPublica: We Don't Talk About Leonard Podcast Related Episodes: The Court is Wrong; Colorblindness Serving White Supremacy SCOTUS Openly Advances Fascism SCOTUS, The Shadow Docket, and The Fascist Assault on the Environment How to help the show? Rate and review wherever you get your podcasts; share with your friends! Get involved at RefuseFascism.org. We're still on Twitter (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@RefuseFascism⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) and other social platforms including Threads, Mastodon and Bluesky. Send  your comments to samanthagoldman@refusefascism.org or ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@SamBGoldman⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Record ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠a voice message for the show here. ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Connect with the movement at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠RefuseFascism.org⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ and support: · ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠paypal.me/refusefascism⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ · ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠donate.refusefascism.org⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ · ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠patreon.com/refusefascism⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ Music for this episode: Penny the Snitch by Ikebe Shakedown --- Send in a voice message: https://podcasters.spotify.com/pod/show/refuse-fascism/message

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.

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

A law in Texas banning abortions after six weeks. The blocking of a majority-Black congressional district in Alabama. OSHA regulations requiring vaccinations or a negative COVID test result. All of these controversial issues were decided not through the tried-and-true method of a hearing in the Supreme Court, but rather through a system called "the shadow docket," orders from the court that are (often) unsigned, inscrutable, and handed down in the middle of the night. Professor Stephen Vladeck takes us through this increasingly common phenomenon.IF YOU LOVE OUR WORK, MAKE A DONATION TO SUPPORT CIVICS 101!This episode originally dropped in May, 2022. 

Shadow Docket with Steve Vladeck

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

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

Happy Monday! Sam and Emma host Steve Vladeck, Chair in Federal Courts at the University of Texas School of Law, to discuss his recent book The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. First, Sam and Emma run through updates on Ukraine's offensive, the WGA writers' strike, Twitter's dropping revenue, fascist legislation in Tennessee and Texas, Mike Pence's entrance to the GOP primary, and rising COVID rates, also previewing the increasingly fascist candidacies of Nikki Haley and other Trump opponents. Steve Vladeck then dives right into the distinction between the newly dubbed “Shadow Docket” and the Merit Docket – which involves years of litigation, oral arguments, full decisions and is typically what we think of when we imagine a Supreme Court case – and the longstanding reliance on both dockets, the former for routine and expedited cases, and the latter for cases with material and lasting impact. Vladeck then walks Sam and Emma through the revolution that the shadow docket has undergone during the Post-Trump conservative majority, with the Court expediting the Trump Administration's challenges whenever requested, and essentially ignoring the processes that gave their institution legitimacy in the first place. After assessing the rather partisan nature of the Court's recent use of the shadow docket, Sam, Emma, and Steve look at the evolution of the docket and the public's faith in the Court and emphasize the importance of public pressure in delegitimizing this institution. And in the Fun Half: Sam and Emma chat with Giuseppe in Jacksonville on the devastating impact fundamentalists have on their (and neighboring) communities, explore Joe Manchin's potential presidential run, and AJ from Baltimore assesses the electoral evils of Trump and DeSantis. Steve Deace rings in Pride Month by calling Trump gay, Candace Owens, Jordan Peterson, and Matt Walsh do some unsurprisingly stupid and deranged transphobia, and Robert from Manhattan discusses coverage of trans rights, plus, your calls and IMs! Check out Steve's book here: https://www.hachettebookgroup.com/titles/stephen-vladeck/the-shadow-docket/9781541602632/?lens=basic-books Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

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

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

The fiscal parameters of a deal to avert self-inflicted financial catastrophe have been largely hammered out by House Republicans and the White House — but differences over social programs and energy permitting still need to be resolved.And, over the last decade, the Supreme Court has increasingly leveraged its emergency or "shadow" docket to issue orders that have sweeping implications — but the approach is much less transparent than the usual judicial process. Also, the podcast marks 1000 episodes since we launched the daily version of the show. Thank you for listening!This episode: White House correspondent Tamara Keith, economics correspondent David Gura, legal affairs correspondent Nina Totenberg, and congressional reporter Barbara Sprunt.The podcast is produced by Elena Moore and Casey Morell. Our editor is Eric McDaniel. Our executive producer is Muthoni Muturi. Unlock access to this and other bonus content by supporting The NPR Politics Podcast+. Sign up via Apple Podcasts or at plus.npr.org. Connect:Email the show at nprpolitics@npr.orgJoin the NPR Politics Podcast Facebook Group.Subscribe to the NPR Politics Newsletter.

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

The 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.

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

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

Justice Alito frequently complains that critics of the court are trying to delegitimize it. But it's the Supreme Court's own actions—including its late-night, unsigned, and unexplained decisions on the shadow docket— that are undermining the institution. Steve Vladeck joins Charlie Sykes today. show notes https://www.hachettebookgroup.com/contributor/stephen-vladeck/ Learn more about your ad choices. Visit podcastchoices.com/adchoices

Justice Alito frequently complains that critics of the court are trying to delegitimize it. But it's the Supreme Court's own actions—including its late-night, unsigned, and unexplained decisions on the shadow docket— that are undermining the institution. Steve Vladeck joins Charlie Sykes today. show notes https://www.hachettebookgroup.com/contributor/stephen-vladeck/ Learn more about your ad choices. Visit podcastchoices.com/adchoices

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.

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

Sam and Emma host Alexandra Scaggs, reporter for the Financial Times, to discuss the recent turmoil surrounding the Silicon Valley Bank and Signature Bank. First, Sam and Emma run through updates on inflation, the FDIC's upcoming bank auctions, EPA water regulations, SCOTUS taking on a massive Shadow Docket case on trans rights, and South Carolina lawmakers proposing a death penalty for abortions, before diving into the incestuous dealmaking behind SVB's collapse. Alexandra Scaggs then joins as she walks Sam and Emma through the four central elements of Silicon Valley Bank's collapse, starting by assessing the rollback of the Dodd-Frank capital checks on banks with under $250 Billion in assets, which allowed SVB, the 16th biggest bank in the US, to completely undercapitalize without any awareness from regulators or the Federal Reserve. Next, Alexandra looks to the behind-the-scene shenanigans at SVB that kept them below the $250 Billion threshold, before turning to their relationship with depositors, making outlandish deals to get their clients to deposit well above the FDIC $250k insurance threshold. Bringing these various elements together, Scaggs explores how rumors of SVB's undercapitalization with the Fed's constant interest hikes were then spread to depositors, who made these losses official with en masse withdrawals during last Friday's bank run. Wrapping up the interview, Alexandra, Sam, and Emma tackle how endemic this particular failure was to the ideology of Silicon Valley, one that is grounded in cash-poor companies with promises of future profits, alongside the general culture of Big Tech. Sam, Emma, and the MR Crew also discuss the SVB collapse's relationship to the US' general failure of centralized planning. And in the Fun Half: Emma and Sam talk with Sterber from Idaho about the various disturbing bills coming out of the state, Sam eases Hamza from Utica's fears of a 2008-esque recession, and Newsmax brings on the post-Great-Recession gold hawks in the wake of SVB's collapse. They also summarize the Supreme Court's upcoming shadow docket case on trans civil rights, watch Judge Kyle Duncan throw an absolute hissy fit in front of Stanford students, and Cuomo turns to the anti-progressive AIPAC grift. Mike in Orange County expands on the culture of Venture Capitalism that led to the SVB collapse, and Amy from Nashville parses through the potential impact of various anti-trans bills coming out of Tennessee. Trump continues his spectacular anti-DeSantis rants, plus, your calls and IMs! Check out Alexandra's work here: https://www.ft.com/alexandra-scaggs Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: ZBiotics: Go to https://thld.co/zbiotics_majority_0123 and get 15% off your first order of ZBiotics Pre-Alcohol Probiotic by using my code MAJORITY at checkout.   Henson Shaving: Go to https://hensonshaving.com/majority and use code MAJORITY for a free 100-pack of blades! Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/