The Gist SCOTUS’s Shadow Docket, Calibrated + Steven Vladeck
Oct 11, 2025
In this engaging discussion, Steven Vladeck, a law professor and author of The Shadow Docket, delves into the murky waters of the Supreme Court's shadow docket. He describes how these emergency, unsigned orders can erode the Court's legitimacy and highlights the dangers of unexplained rulings. Vladeck also explores why sound reasoning matters for legal precedent and elaborates on how recent decisions tend to favor Republican interests, raising important questions about judicial integrity. Tune in for a thought-provoking exploration of law in action!
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Stealth Orders Undermine Judicial Reasoning
- The shadow docket issues unsigned, unexplained orders that carry massive legal impact without articulated principles.
- Stephen Vladeck argues this looks more like political power than judicial power when major rulings lack reasoning.
Alabama Redistricting Example
- Vladeck uses Alabama's 2022 redistricting to show the shadow docket letting unlawful maps stand temporarily.
- The emergency order allowed Alabama to use maps that likely added a Republican seat and influenced the House balance.
Shift From Circuit Justices To Full-Court Orders
- Historically circuit justices handled emergencies with in-chambers opinions, making clear they were not full-court precedents.
- Since the 1980s the full court resolves more emergency applications without opinion, increasing precedential confusion.
