

What the Supreme Court Does in the Shadows
21 snips Jun 26, 2025
Steve Vladek, a law professor at Georgetown University and author of 'The Shadow Docket,' delves into the significant but often unnoticed impact of the Supreme Court's shadow docket. He discusses how this mechanism has become more prevalent since the Trump administration, influencing key rulings on immigration and other critical issues. The conversation also touches on the court's expanding power over life and death matters and the contentious nature of emergency rulings, all while challenging the public's trust and accountability within the judicial system.
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Trump's Alien Enemies Act Case
- President Trump used the Alien Enemies Act of 1798 to order deportation of Venezuelan migrants claimed to be gang members.
- The Supreme Court intervened thrice on this case with quick, contradictory orders, causing legal confusion.
Understanding the Shadow Docket
- The 'shadow docket' covers Supreme Court decisions outside of major merits rulings, often without full briefing or explanation.
- It is a growing and influential way the Court controls its workload and issues rulings quickly.
Early Supreme Court Reforms
- Early 20th century reforms gave the Supreme Court more control over its docket through certiorari, reducing Congress's control.
- This increased autonomy led to the rise of the shadow docket as a mechanism for handling many cases without explanations.