TitleLeadingThe
Reviews"an expert study.... This insightful and accessible account raises an important alarm." -- Publishers Weekly, "Vladeck offers a well-researched indictment of how the supreme court has grown to rely on using procedural orders rather than rulings to make new law, escaping scrutiny while delivering major victories to the political right... The Shadow Docket is comprehensive and sensitive to nuance, written for concerned audiences. " -- The Guardian, "Mr. Vladeck offers a fascinating chronicle of the shadow docket's rise...The author's skill as a law professor shines in thorough, clear explanations of how the court has run roughshod over its own jurisprudence in shadow-docket cases involving abortion, religious liberty and election law...the illumination in The Shadow Docket could help bring more principle, accountability, and 'procedural regularity' to the justices work --and help stop a controversial institution going completely off the rails. " -- The Economist, "In The Shadow Docket , Steve Vladeck tells an urgent story about an arcane aspect of American law that has momentous implications for a host of pressing political issues--and for the institutional legitimacy of the Supreme Court itself. In elegant, accessible prose, Vladeck exposes the degree to which significant battles, from abortion to immigration, are being adjudicated behind closed doors, in unseen, unsigned, unexplained decisions. This is a powerful work of argument and explication, and a call for a return to transparency and accountability in the decision making of our highest court." -- Patrick Radden Keefe, author of Empire of Pain, "Steve Vladeck uses his intimate knowledge of the Supreme Court to show how the conservative justices are manipulating the court's docket to maximize their power and achieve their desired outcomes. The Shadow Docket is essential reading for anyone who wants to understand how today's court really works."-- Linda Greenhouse, author of Justice On the Brink
SynopsisAn instant New York Times bestseller: An acclaimed legal scholar's "important" (New York Times) and "fascinating" (Economist) exposé of how the Supreme Court uses unsigned and unexplained orders to change the law 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.
LC Classification NumberKF8748.V53 2023