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Leah, Kate, and Melissa talk to Steve Vladeck, author of 'The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic', about the Supreme Court's secretive shadow docket and its impact on issues like LGBTQ+ rights, abortion, and COVID orders. They discuss the historical development of the shadow docket, the role of William Howard Taft in shaping it, and incidents involving Supreme Court justices. The chapter also mentions the podcast's sponsors and raises concerns about the court's inconsistent behavior on the shadow docket.
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Quick takeaways
- The Supreme Court's use of the shadow docket allows for discreet changes in the law and expansion of its power and influence.
- The Trump administration leveraged the shadow docket to implement policies like the federal death penalty and immigration measures, often bypassing legal challenges and lower court rulings.
Deep dives
The Evolution of the Shadow Docket
The book discusses the historical development of the Supreme Court's docket, particularly the role played by William Howard Taft in reshaping the court's authority. Taft advocated for certiorari, granting the court the power to choose which cases to hear, and pushed for other reforms to enhance the court's control and influence. This transformation from a court of appeals to a constitutional court gave the justices tremendous discretion in shaping constitutional rules and principles.
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