The Shadow Docket
May 10, 2022•26 min
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Episode description
The blocking of a majority-Black congressional district in Alabama. OSHA regulations requiring vaccinations or a negative COVID test result. A law in Texas banning abortions after six weeks. All of these controversial issues were decided not through the tried-and-true method of a hearing in the Supreme Court, but rather through a system called "the shadow docket," orders from the court that are (often) unsigned, inscrutable, and handed down in the middle of the night. Professor Stephen Vladeck takes us through this increasingly common phenomenon.
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