The Shadow Docket
In recent years, the Supreme Court's non-merits \u201cshadow docket\u201d 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, \u201cThe Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.\u201d They discussed the origins of the contemporary shadow docket in some 1973 emergency orders related to the bombing of Cambodia, why the Court\u2019s shadow docket has grown in prominence in recent years, what's wrong with the shadow docket, and how to fix it.
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