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What the Supreme Court Does in the Shadows : Throughline

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Original Story by NPR
June 26, 2025
What the Supreme Court Does in the Shadows : Throughline

Context:

The Supreme Court has been notably active since January, driven by the Trump administration's submission of numerous emergency applications requiring swift rulings on contentious issues. These cases fall under the 'shadow docket,' a term used to describe the court's expedited and less transparent decision-making process. The shadow docket has significant implications, influencing various aspects of public life and governance. Guest Steve Vladeck, a law professor and author, discusses how these stealth rulings enable the court to amass power and potentially undermine the democratic republic. The episode sheds light on the increasing impact of the shadow docket on the judicial system and society at large.

Dive Deeper:

  • Since January, the Supreme Court has seen increased activity partly due to the Trump administration's submission of over a dozen emergency applications requiring expedited decisions on controversial matters.

  • These cases are part of the court's 'shadow docket,' a term that refers to the expedited process for decision-making that lacks the usual transparency of full hearings.

  • The shadow docket allows the court to make swift rulings, which can have immediate and broad implications on public policy and individual rights.

  • Law professor Steve Vladeck, author of "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic," provides insight into how this process can centralize power within the court.

  • The episode explores how the shadow docket has become increasingly influential, raising concerns about its impact on the principles of transparency and accountability in the judicial system.

  • Listeners are encouraged to subscribe to Throughline+ for sponsor-free episodes and additional content.

  • The discussion emphasizes the need for public awareness of how these procedural changes might affect the balance of power and democratic governance.

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