After the New York Times published internal memos detailing how Chief Justice John Roberts converted the emergency docket into a blunt political instrument to issue policy decisions, the public has grown more curious about the shadow docket. Why is it exactly that the Supreme Court can bless or block administrative action without so much as a vague nod toward its reasoning?
John Oliver spent this weekend’s episode laying out the mechanism, and how the conservative majority both increasingly relies upon it and scolds anyone who calls attention to it.
And, yes, prominent shadow docket critic Professor Steve Vladeck makes an appearance as John Oliver’s son.
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Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.