The NPR Politics Podcast

The Supreme Court's Shadow Docket

Nov 24, 2023
Ramteen Adabloui, a contributor to NPR's history podcast ThruLine, joins law professor Steve Vladek to explore the Supreme Court's shadow docket. They discuss its rise and the lack of transparency in critical decisions, contrasting this with historical Court dynamics and public opinion. The duo examines how emergency rulings are increasingly made without thorough scrutiny, impacting vital policies on reproductive rights and COVID-19 measures. They also advocate for rethinking the Court's role to ensure better checks between judicial authority and democratic principles.
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ANECDOTE

Court's Progressive Era

  • During the mid-20th century, the Supreme Court made progressive rulings on civil rights and abortion.
  • Congress didn't push back, suggesting they accepted the court's direction.
ANECDOTE

Meredith's Case

  • James Meredith's application to the University of Mississippi led to riots after Justice Hugo Black ruled in his favor.
  • This incident highlights the impact of single-justice emergency rulings.
INSIGHT

Death Penalty Rulings

  • Procedural changes in death penalty cases limited justices' ability to speak against executions.
  • This led to an increase in executions.
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