The Shadow Docket, Stephen Vladeck

The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. The Court’s conservative majority has used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck. In this rigorous yet accessible book, he issues an urgent call to bring the Court back into the light. Updated with a new preface, The Shadow Docket is an essential read for understanding the inner workings of the Supreme Court—and American democracy.
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• bsky .app/profile/tribelaw.bsky.social/post/3lsyhrq2os22s (‘ Laurence H. Tribe : Everyone should read this July Fourth Declaration by the great 👂Judge J. Michael Luttig ‘)
• bsky .app/profile/tribelaw.bsky.social/post/3lst5qfqyj22r (‘ Laurence H. Tribe : I’ve been warning against an Imperial Judiciary for years now! As @stevevladeck.bsky.social wrote today, “the more the Supreme Court . . . does whatever it wants, whenever it wants,” the more it’s betting its future legitimacy (and our republic) on public support for an Omnipotent but Fallible Nine ‘)
• bsky .app/profile/leahlitman.bsky.social/post/3lsvnkcgvns2l(‘ Leah Litman : 1- Many thanks to Steve Vladeck, @stevevladeck for the generous hat tip & shout out on One First this week!! 2-I’m mindful that this is already a long post (sorry!), so will come quickly to the bigger picture point: My friend and University of Michigan law professor Leah Litman is responsible for two of the most memorable lines about the current Court: That it’s a “YOLO” Court (you only live once), and that its defining characteristic is “no law, just vibes.”… I’ll just offer three data points for ways in which the Court’s behavior this term lends particular credence to Leah’s charge(s). ‘)
• bsky .app/profile/mattsteilen.bsky.social/post/3lst4cnhabc2w (‘ Matt Steilen : 1-“A New Kind of Judicial Supremacy” Excellent post from Vladeck connecting changes in emergency relief to how the Court understands and exercises its supremacy. 2-What Kavanaugh means, apparently, is that the Cour… But that version comes at the expense of both (1) the lower courts’ ability to do their jobs; and (2) any analytical coherence to why the Supreme Court has that power—whether under the Constitution itself or the statutory delegations the Court is purporting to exercise. It’s judicial supremacy as an exercise in hubris. ‘)
• bsky .app/profile/andersaslund.bsky.social/post/3lss7stvgv22q (‘ The criminal felon Trump is invader Putin’s closest & most effective ally. Trump tries to do this quietly because a big majority of the republicans support military aid to Ukraine & sanctions on Russia. 👂Trump‘s undermining of sanctions on Russia & refusal to even sell arms to Ukraine must stop!. ‪June 30, 2025 ‘)
• bsky .app/profile/andersaslund.bsky.social/post/3lss7stvgv22q (‘ Never forget that the US economy was doing wonderfully as long as Biden was president & then the disaster the 👂criminal felon Trump arrived & instantly caused the Trump Slump with GDP going from 2.5-3% growth to 0.5% decline & rising inflation. Nobody is worth than Trump. ‪June 29, 2025 ‘)
• youtube .com/watch?v=-kBvQKFQ1rM (‘ Senator 👂Elizabeth Warren delivered remarks on the floor of the U.S. Senate, calling out her Republican colleagues for trying to pass their “Big Beautiful Bill,” which will rip health care away from 17 million Americans, slash food assistance, and raise costs for families. Jun 30, 2025 ‘)
• bsky .app/profile/hjelms.bsky.social/post/3lt5p46xjnk2y (‘ Jesper H 🇩🇰 : There is only one way to stop Trump. It is through strikes that hit Trump’s sponsors and the billionaires who support him. Only falling stock prices and lost earnings can bring down the criminal felon Trump. The means are strikes that hit transportation and production in the US. You can’t afford not to… July 4, 2025 ‘)

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