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4min chapter
The Shadow Docket with Steve Vladeck
5-4
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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