
Capitalisn't The Hidden Economic Dangers Of Supreme Court Overreach - ft. Steve Vladeck
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Mar 5, 2026 Steve Vladeck, Georgetown law professor and Supreme Court expert, discusses how congressional abdication and strategic litigation let courts reshape economic rules. He outlines how docket control, interest groups, and institutional incentives shifted power. Short, sharp takes on who benefits, what Congress could do, and why rule-of-law erosion threatens markets.
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Justices Now Align Perfectly With Appointing Presidents
- The Court has become uniquely aligned ideologically with appointing presidents, amplifying perceptions of partisanship.
- Vladeck notes since ~2010 every justice's ideology tracks the appointing party, making decisions easier to attribute to politics than in prior eras.
Smaller Docket Concentrates High-Impact Cases
- The Supreme Court's docket has shrunk, concentrating its decisions on high-impact ideological and regulatory cases.
- Vladeck: the Court now decides about a third of the cases it did decades ago and selects cases largely based on amicus activity, favoring interest-driven disputes.
Fortas Resignation Shows Congress Once Checked The Court
- Justice Abe Fortas resigned in 1969 partly because Chief Justice Warren warned Congress would act against the Court.
- Vladeck uses Fortas's resignation as historical proof that Congressional pressure once constrained justices' behavior.

