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We the People

Jonathan Adler and Stephen Vladeck Debate the Use of the “Shadow Docket” on the Roberts Court

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 14 May 2026

⏱️ 67 minutes

🧾️ Download transcript

Summary

In this episode, Jonathan Adler of William & Mary Law School and Stephen Vladeck of Georgetown University Law Center explore a part of the Supreme Court’s work that has drawn growing public attention: its emergency, or “shadow,” docket. Julie Silverbrook, chief content and learning officer at the National Constitution Center, moderates.    Resources Jonathan Adler, “Reading the Clean Power Plan "Shadow Papers" in Context,” The Volokh Conspiracy (April 22, 2026)  Jonathan Adler, “Mifepristone Returns to the Shadow Docket,” The Volokh Conspiracy (May 3, 2026)  Stephen Vladeck, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (2024)  Stephen Vladeck, “Chief Justice Roberts and the Clean Power Plan,” OneFirst (April 20, 2026)  City of Los Angeles v. Lyons (1983)  Massachusetts v. EPA (2007)  Winter v. NRDC (2008)  West Virginia v. EPA (2016)  Biden v. Texas (2022)  United States v. Texas (2023)  FDA v. Alliance for Hippocratic Medicine (2024)  Trump v. CASA (2024)  NIH v. American Public Health Association (2025) Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr Explore the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠America at 250 Civic Toolkit⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Sign up⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate Subscribe, rate, and review wherever you listen Join us for an upcoming ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠live program⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ or watch recordings on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠YouTube⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ Support our important work ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Donate

Transcript

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0:00.0

From the National Constitution Center in Philadelphia, this is We the People.

0:07.0

I'm Julie Silverbrook, Chief Content and Learning Officer.

0:10.0

The National Constitution Center is a nonpartisan nonprofit chartered by Congress

0:14.0

to increase awareness and understanding of the Constitution among the American people.

0:19.0

In this episode, we explore a part of the Supreme Court's work that is drawn growing public attention.

0:24.6

Its emergency or shadow docket, sometimes referred to by the justices as the interim docket.

0:29.6

Most cases the court decides are on its merits docket, with full briefing, participation from Amici, friends of the court,

0:36.6

and oral argument before

0:38.3

the justices and the public. But the court also acts on emergency applications. These cases move

0:44.1

quickly, with shorter filings, limited outside input, and typically no oral argument. The resulting

0:49.6

orders are often brief, sometimes just a sentence or two. Decisions on the emergency docket can have

0:55.4

immediate and far-reaching effects, shaping how laws are implemented and how disputes are resolved

1:00.2

in real time. Understanding how and when the court acts is essential to understanding its role

1:05.4

in our constitutional system. To help us explore the court's use of the emergency docket and the

1:10.3

debates surrounding it,

1:11.4

we're joined by two leading constitutional scholars.

1:14.4

Jonathan Adler is a professor of law at William and Mary Law School.

1:17.7

He is the author of seven books, including Business and the Roberts Court.

1:21.6

He is a regular contributor to the popular legal blog, The Volic Conspiracy.

1:25.7

Jonathan, welcome back to We the People.

1:28.3

Good to be here.

1:34.1

And Stephen Vladic is a professor of law at Georgetown University Law Center. He's the author of the New York Times bestselling book, The Shadow Docket, How the Supreme Court uses stealth rulings to amass power and undermine the Republic.

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