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The Shadow Docket with Steve Vladeck

5-4

00:00

The Problem With the Court's Shadow Docket

Peter Bergen: The court has for better or for worse always articulated its authority as a function of its ability to provide principle of justifications for its decisions. He says in the context of unsigned unexplained orders, that's just not there. Bergen: Even Justice Alito is now writing angry descents about the criticisms of the shadow docket. "I think it starts with just accepting that here's a context where public awareness and public pushback has probably already had at least some salutary effect," he says.

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