The Shadow Docket

How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic

By: Stephen Vladeck

Narrated by: Jonathan Todd Ross

Length: 11 hrs and 17 mins

Publisher's summary

An acclaimed legal scholar exposes 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.

©2023 Stephen Vladeck (P)2023 Basic Books

Critic reviews

“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

Inconsistent, unsigned, and unexplained…

(As posted in Goodreads)
Aghghghghagh! This is a very difficult book to read/listen to; it's quite intense and extremely thought-provoking. And for those of us who have extreme feelings about the situation, it's very difficult to separate them from just reporting on what is said.
The writing points out the use of a particular format for Supreme Court to decide cases, called the Shadow Docket, reaching the end presents inconsistent, unsigned, and unexplained decisions. The book also indicates many incongruenciies in judicial law and practice! I couldn't listen straight through; I had to stop regularly to process and get it all out in my mind temporarily.
My feelings on the situation are strong and biased, so I think it's somewhat unfair to go into depth about that. I am neither a lawyer nor a politician, so my thoughts are probably inconsequential. Anyway. But I feel the book is very important pointing out aspects of our current judicial agencies and their processes. I got a lot from the book.

Very good!

A very up to date view of the US Supreme Court. Technical, but easy to follow.

Interesting

This book was well researched and presented in a straightforward and easy to follow manner.

An important book for a divided time

Professor Vladeck shines an critical light on the Shadow Docket. For those of us who care about the future of our judiciary and democracy it is a must read/listen.

Meaningful

Great book. Presented his case in a clear manner and is the kind of book that elevates the discussion on a very important issue that Americans should care about.

Important Warning About a Supreme Court Operating More and More in the Shadows

Listening to this book was very educational and frightening. Although this is not the first time in history that the Supreme Court has gone off the rails, it is happening at a critical juncture in our country in terms of the threat to democracy and the extreme partisan nature of our politics and social viewpoints. Listening to the audio book I got lost in the technicality and “lawyer speak” and wish it was written a bit more in layman’s terms, but the point of the book comes across powerfully— these are dangerous times.

Strong writing on the “shadow docket”

Really excellent work that doesn’t just talk about the current consequences but also how we got here. A great exploration of the shadow docket and especially the cases that have shaped the modern court.

It does drag a bit in the third quarter but recovers strong for the finish

Informative

I had no idea that the shadow docket even existed. This book explains it clearly, as well as providing historical landmarks that have led to or been a part of its use. I, like many other people, I think, only have paid attention to cases in the spotlight. This book explains why 1) We need to pay attention to ALL of the court's rulings, both in the spotlight and the shadows/behind the scenes, and 2) The Supreme Court should bring more of its cases into the spotlight. Enough of these behind-the-scenes rulings that affect us all.

Excellent book even if you like what the Supreme Court is doing

This book provides a clear and non-jargony description of an ongoing and seminal change in way the Supreme Court issues decisions without foundation, and puts this change in context of the history of one of our democracy’s most important institutions. He also explains in non-partisan terms why this change should have all Americans worried about the future of our country.

Required Reading to Understand SCOTUS

Your rights are being eroded. This is the story of what is happening, why it’s awful, and why we need a strong legitimate Supreme Court.