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The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic

The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic

by Stephen Vladeck

Basic Books ·2023 ·352 pages
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About This Book

INSTANT NEW YORK TIMES BESTSELLER • An acclaimed legal scholar's "essential" (Linda Greenhouse) exposé of the Supreme Court's increasing use of unsigned, unexplained orders to change the law—all behind closed doors The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes "shadow docket," regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. The Court's conservative majority has used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck. In this rigorous yet accessible book, he issues an urgent call to bring the Court back into the light.


Reviews

"Congress could rein in the court by imposing term limits, adding additional justices, or stripping the court of jurisdiction over some cases."

Andrew Koppelman· Los Angeles Review of Books Read review ↗ Near the Top

"Vladeck has taken it upon himself to translate the court's deliberately cryptic orders and legal technicalities into accessible English."

Jennifer Szalai· The New York Times Read review ↗ Near the Top

"Vladeck's book, and here its tone changes substantially."

Adam J. White· The Wall Street Journal Read review ↗ Maybe Someday

"This insightful and accessible account raises an important alarm."

Publishers Weekly Read review ↗ Near the Top

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