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Litigation Radio

What’s Up With SCOTUS? The Shadow Docket, Accountability, And Justice

Sep 5, 2023
Guest Stephen Vladeck, a constitutional law expert, discusses the Supreme Court's lack of accountability and its use of the 'shadow docket.' The podcast also explores the complexities of execution procedures, the lack of explanation and accountability in rulings, and the power struggle between branches of government. Additionally, there are tips for navigating discovery challenges with third-party collaboration apps.
39:42

Episode guests

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Quick takeaways

  • The US Supreme Court's lack of accountability and use of unsigned and unexplained orders on the 'shadow docket' raises concerns about its decision-making process and undermines its moral authority.
  • Understanding Chief Justice Taft's influence is crucial in comprehending the Supreme Court's current behavior, highlighting the need for reforms to restore balance and accountability.

Deep dives

Understanding the Current State of the US Supreme Court

The latest term of the US Supreme Court has raised concerns about the court's legitimacy and its conservative majority's impact on the rights of minority groups. Professor Stephen Bladick, an expert on federal courts and constitutional law, highlights the court's lack of accountability and unprecedented level of power. He argues that the court's behavior, including the use of unsigned and unexplained orders, raises questions about its decision-making process and undermines its moral authority. Bladick also discusses the historical development of the court's power and the influence of Chief Justice Taft. He calls for a broader understanding of the court's role and suggests that Congress should reclaim some control over the court to restore a healthier balance of power.

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