The Shadow Docket
Ratings4
Average rating4.3
15
Ratings4
Average rating4.3
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.
Reviews with the most likes.
When The Pendulum Swings... Where Will Vladeck Be? This is one of those historical/ current event analysis books where, particularly in the "coming of age" of a novel (ish, as Vladeck shows) concept of the "shadow docket", it will be interesting to see if the author is just as adamant against the idea when his own "team" is using it as heavily or moreso as he is when his political opponents do. Though to be clear, the history and analysis here, while necessarily hitting the current (post-Trump era) SCOTUS the hardest for doing this the most *because they have*, does an excellent job of showing just how we got to this point where it was even possible for this particular problem to exist at all. On that front... there isn't a political "side" in current America or American history that is fully blameless in enabling or using this bad behavior, and Vladeck shows this quite well indeed and indeed seems to be a fairly objective-ish student and teacher of legal history. For such a dense overall topic, Vladeck handles the telling of the tale quite well, such that even people who have barely ever heard of the Supreme Court of the United States of America will be able to clearly see what the current problem is and how we got to this point and why both of them matter.
Indeed, the only real reason for the single star deduction is the slight lack of documentation, coming in at just 15% of the overall advance reviewer copy text rather than the more typical in my experience 20-30%. Though as I've been noting a few times on similar points of late, given just how many newer nonfiction books seem to be coming in within that 15-20% range, I may yet need to recalculate my seeming average.
Overall an intriguing tale, and one that every American truly needs to understand - and Vladeck does a remarkable job of making that particular task as easy as reading this particular book. Truly great work making such a dense topic so relatable and understandable, and very much recommended.
Originally posted at bookanon.com.
Interesting (troubling) information. I listened to the audio version but it is very detailed and it might have been better to read it.
