Politics & Government
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The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic
An acclaimed legal scholar's "insightful and accessible" (Publishers Weekly) 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.
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.
Editorial Reviews
"[The shadow docket] has been something that lawyers have been talking about for a long time; it's really important for all of us to understand it."
―Rachel Maddow
"Important…Vladeck is a conscientious guide through the legal thickets…With The Shadow Docket, Vladeck has taken it upon himself to translate the court's deliberately cryptic orders and legal technicalities into accessible English."
―The New York Times
"An expert study…. This insightful and accessible account raises an important alarm."
―Publishers Weekly
"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
"The Supreme Court's polling numbers and legitimacy have taken a nosedive in recent years, but the cases it hands down are only part of the problem. The stuff that happens in the shadows is equally alarming, and nobody has been better at explaining these shadow matters than Steve Vladeck. Tackling intricate procedural questions, Vladeck makes absolutely plain that - to repurpose an old adage - procedure isn't just the handmaid of justice, it's now her lord and master. We ignore what happens in the shadows at our peril."―Dahlia Lithwick, author of Lady Justice
"Stephen Vladeck shines a harsh light on a little-understood SCOTUS sleight of hand - the shadow docket. Vladeck describes in clear and convincing language how the highest court in the land has increasingly used obscure procedural orders to shift the legal landscape to the right, at the expense of transparency, precedent, and fundamental rights. It is vital reading."―Preet Bharara, former U.S. Attorney for the Southern District of New York
"Steve Vladeck uses his intimate knowledge of the Supreme Court to show how the conservative justices are manipu...
―Rachel Maddow
"Important…Vladeck is a conscientious guide through the legal thickets…With The Shadow Docket, Vladeck has taken it upon himself to translate the court's deliberately cryptic orders and legal technicalities into accessible English."
―The New York Times
"An expert study…. This insightful and accessible account raises an important alarm."
―Publishers Weekly
"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
"The Supreme Court's polling numbers and legitimacy have taken a nosedive in recent years, but the cases it hands down are only part of the problem. The stuff that happens in the shadows is equally alarming, and nobody has been better at explaining these shadow matters than Steve Vladeck. Tackling intricate procedural questions, Vladeck makes absolutely plain that - to repurpose an old adage - procedure isn't just the handmaid of justice, it's now her lord and master. We ignore what happens in the shadows at our peril."―Dahlia Lithwick, author of Lady Justice
"Stephen Vladeck shines a harsh light on a little-understood SCOTUS sleight of hand - the shadow docket. Vladeck describes in clear and convincing language how the highest court in the land has increasingly used obscure procedural orders to shift the legal landscape to the right, at the expense of transparency, precedent, and fundamental rights. It is vital reading."―Preet Bharara, former U.S. Attorney for the Southern District of New York
"Steve Vladeck uses his intimate knowledge of the Supreme Court to show how the conservative justices are manipu...
Readers Top Reviews
TonyDRachel B.butcho
A must-read for any American citizen. Especially if you’re concerned about how SCOTUS affects you.
G. Moore
It was difficult to admit this excellent book so thoroughly reinforced my growing suspicions about ulterior motivation in our highest judicial branch. Don’t blame the messenger. A must read
Austin Mom
Wow — an absolutely fantastic deep dive on the Supreme Court and its history. The author takes a complex topic and is able to make it engaging and easy to understand. I would recommend this to anyone interested in law, history, or current events immediately!
Mac VerStandig
An intriguing examination of the eccentricities of the Supreme Court’s equally quiet and opaque management of an increasingly-important orders docket, Steve Vladeck’s book is a must read for scholars and citizens alike. The book brings insight into an area of law otherwise absent from the prevailing canon of American judicial works, and does so with a splendid readability and endearing ethos.
Reed Edward Devany
If you’re a Twitter fan of Steve Vladeck, or have any interest in the Supreme Court, this book is a must read. Professor Vladeck sheds light on the rise of the Shadow Docket in a manner accessible to lawyers and non lawyers alike. This book is not only important, but also an incredibly entertaining read.
