The NPR Politics Podcast The Supreme Court's Shadow Docket
Nov 24, 2023
Ramteen Adabloui, a contributor to NPR's history podcast ThruLine, joins law professor Steve Vladek to explore the Supreme Court's shadow docket. They discuss its rise and the lack of transparency in critical decisions, contrasting this with historical Court dynamics and public opinion. The duo examines how emergency rulings are increasingly made without thorough scrutiny, impacting vital policies on reproductive rights and COVID-19 measures. They also advocate for rethinking the Court's role to ensure better checks between judicial authority and democratic principles.
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Lee's Execution
- Daniel Lewis Lee's execution was delayed due to legal challenges.
- The Supreme Court ultimately ruled to proceed with the execution.
Shadow Docket vs. Merits Docket
- The Supreme Court's shadow docket handles cases without oral arguments or explanations.
- This differs from the merits docket, which includes detailed explanations and justifications.
Rise of Certiorari
- The Supreme Court's power shifted in the early 20th century with the rise of certiorari.
- This gave the court more control over its docket and created a less transparent process.
