The Shadow Docket
How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic
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Narrated by:
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Jonathan Todd Ross
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By:
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Stephen Vladeck
About this listen
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 BooksListeners also enjoyed...
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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
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- Unabridged
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The brutal confirmation battles we saw over Supreme Court Justices Neil Gorsuch and Brett Kavanaugh are symptoms of a larger problem with our third branch of government, a problem that began long before Kavanaugh, Merrick Garland, Clarence Thomas, or even Robert Bork: the courts’ own self-corruption, aiding and abetting the expansion of federal power.
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Tremendous detail
- By Charles on 07-15-22
By: Ilya Shapiro
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The Constitution
- An Introduction
- By: Michael Stokes Paulsen, Luke Paulsen
- Narrated by: Walter Dixon
- Length: 14 hrs and 31 mins
- Unabridged
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From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.
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The Constitution-A must reading for All Americans
- By Robert on 06-12-15
By: Michael Stokes Paulsen, and others
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The Nonsense Factory
- The Making and Breaking of the American Legal System
- By: Bruce Cannon Gibney
- Narrated by: Matt Kugler
- Length: 17 hrs and 10 mins
- Unabridged
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Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.
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Ruined by obvious bias
- By M. E. Blackman on 10-07-19
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To End a Presidency
- By: Laurence Tribe, Joshua Matz
- Narrated by: L. J. Ganser, Laurence Tribe - preface
- Length: 10 hrs and 15 mins
- Unabridged
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The history and future of our democracy's ultimate sanction, presidential impeachment, and a guide to how it should be used now. To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the 21st century.
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A Primer on Impeachment and our Present Dilemma
- By J.B. on 05-20-18
By: Laurence Tribe, and others
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Our Republican Constitution
- Securing the Liberty and Sovereignty of We the People
- By: Randy E. Barnett
- Narrated by: Barry Abrams
- Length: 9 hrs and 2 mins
- Unabridged
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The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule
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Read the book, don't listen
- By I Keep AMZN in Business on 06-23-16
By: Randy E. Barnett
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Supreme Power
- 7 Pivotal Supreme Court Decisions That Had a Major Impact on America
- By: Ted Stewart
- Narrated by: Art Allen
- Length: 7 hrs and 40 mins
- Unabridged
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Best-selling author Ted Stewart explains how the Supreme Court and its nine appointed members now stand at a crucial point in their power to hand down momentous and far-ranging decisions. Today's Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions.
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Polemical, downright ridiculous at times
- By Joe Igla on 11-04-17
By: Ted Stewart
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The Supreme Court
- By: William H. Rehnquist
- Narrated by: John Pruden
- Length: 10 hrs and 41 mins
- Unabridged
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Chief Justice Rehnquist's engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall's dominance of the Court during the early 19th century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society.
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Absorbing
- By Jean on 01-28-18
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One Vote Away
- How a Single Supreme Court Seat Can Change History
- By: Ted Cruz
- Narrated by: Timothy Andrés Pabon
- Length: 10 hrs and 8 mins
- Unabridged
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In One Vote Away, you will discover how often the high court decisions that affect your life have been decided by just one vote. One vote preserves your right to speak freely, to bear arms, and to exercise your faith. One vote will determine whether your children enjoy their full inheritance as American citizens.
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Intellectual and Insightful, so smartly written it became prophetic!
- By Kevin D. on 09-29-20
By: Ted Cruz
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Gideon's Trumpet
- How One Man, a Poor Prisoner, Took His Case to the Supreme Court - and Changed the Law of the United States
- By: Anthony Lewis
- Narrated by: Robertson Dean
- Length: 7 hrs and 50 mins
- Unabridged
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A history of the landmark case of Clarence Earl Gideon's fight for the right to legal counsel.
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best book on the subject
- By J.B. Price on 06-12-18
By: Anthony Lewis
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How Rights Went Wrong
- Why Our Obsession with Rights Is Tearing America Apart
- By: Jamal Greene
- Narrated by: Ryan Vincent Anderson
- Length: 11 hrs and 7 mins
- Unabridged
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Rights are a sacred part of American identity. Yet they were an afterthought for the Framers. Only as a result of the racial strife that exploded during the Civil War—and a series of resulting missteps by the Supreme Court—did rights gain such outsized power. Over and again, courts have treated rights conflicts as zero-sum games in which awarding rights to one side means denying rights to others. As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice—before they tear society apart.
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A different way to look at rights.
- By Nicolas Pabon on 07-11-23
By: Jamal Greene
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A People's History of the Supreme Court
- The Men and Women Whose Cases and Decisions Have Shaped Our Constitution
- By: Peter Irons, Howard Zinn - foreword
- Narrated by: David Drummond
- Length: 28 hrs and 32 mins
- Unabridged
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A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.
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Really enjoyed this book
- By Paul on 02-19-20
By: Peter Irons, and others
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Splendid!
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In The Words That Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
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This should be a serialized media presentation, for the return of some normalization of the Supreme Court.
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Very Annoying Narration
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Following his book Captured on corporate capture of regulatory and government agencies, and his years of experience as a prosecutor, Senator Sheldon Whitehouse here turns his attention to the right-wing scheme to capture the courts, and how it influenced the Trump administration's appointment of over 230 "business-friendly" judges, including the last three justices of the United States Supreme Court.
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North America was settled by people with distinct religious, political, and ethnographic characteristics, creating regional cultures that have been at odds with one another ever since. Subsequent immigrants didn't confront or assimilate into an "American" or "Canadian" culture, but rather into one of the 11 distinct regional ones that spread over the continent each staking out mutually exclusive territory. In American Nations, Colin Woodard leads us on a journey through the history of our fractured continent....
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Harriet Tubman is among the most famous Americans ever born and soon to be the face of the twenty-dollar bill. Yet often she’s a figure more out of myth than history, almost a comic-book superhero. You could almost say she’s America’s Robin Hood, a miraculous vision, often rightly celebrated but seldom understood. Tiya Miles’s extraordinary Night Flyer changes all that.
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academic tripe
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Based on exclusive interviews with justices themselves, The Nine tells the story of the Supreme Court through personalities, from Anthony Kennedy's overwhelming sense of self-importance to Clarence Thomas' well-tended grievances against his critics to David Souter's odd 19th century lifestyle. There is also, for the first time, the full behind-the-scenes story of Bush v. Gore and Sandra Day O'Connor's fateful breach with George W. Bush, the president she helped place in office.
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The Nine
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What listeners say about The Shadow Docket
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Edilson
- 07-22-23
Very good!
A very up to date view of the US Supreme Court. Technical, but easy to follow.
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- Marsha L. Woerner
- 06-05-23
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.
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1 person found this helpful
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- Anonymous User
- 08-06-23
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.
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1 person found this helpful
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- Heather Love
- 07-05-23
Interesting
This book was well researched and presented in a straightforward and easy to follow manner.
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- SorenKMiller
- 05-25-23
Where was Vladeck?
1. The content = fantastic, relevant, well argued, appreciated the frequent illustrative callbacks. Nailed it, good man
2. Vladeck is a fantastic orator. The dispassionate tone of the narrator sank the story. I want to hear the author speak his words with the authority and emphasis that is his own. To lose this, lost this listener often. Let the audio quality lapse, let the guy read it in a closet of his house with a dog barking in the background. Who cares. This audio rendering of Vladeck’s voice truly sucked.
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4 people found this helpful
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- Judi
- 07-14-23
Thought provoking.
Scary. I wish he had spent some time on the citizens United decision. I get that the focus is on the destruction of the court through changes to process. But …
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- Deirdre O'Regan
- 05-22-23
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.
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- quaere
- 05-27-23
Eye Opening
This fairly recent development in SCOTUS procedure is disturbing, to say the least. Explained quite well.
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- Jack Falstaff
- 05-27-23
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.
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- Anonymous User
- 05-23-23
Terrific
Essential reading if you want to understand how the Supreme Court works. Highly recommend to anyone, not just lawyers or students.
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