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Divided Argument

Provocative Subtitle

Divided Argument

Will Baude & Dan Epps

Constitution, Constitutional Law, News, Law, Politics, Supreme Court, Government, Legal System, Supreme Court Of The United States, U.s. Supreme Court, Scotus, Supreme Court Justice

4.9676 Ratings

🗓️ 16 May 2023

⏱️ 54 minutes

🧾️ Download transcript

Summary

We talk (and argue) with special guest Steve Vladeck about his new book, The Shadow Docket, just published by Basic Books. Steve explains why it is important to educate the public about the Court's use of unsigned and sometimes unexplained orders, and how it is changing. Will and Dan press him on whether his criticisms go too far . . . or not far enough.

Transcript

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0:00.0

Oh, yay, oh, yay, oh, yay, oh, yay.

0:03.4

The judicial power of the United States shall be vested in one Supreme Court.

0:08.0

Unless there is any more question to be able to find an argument in this case.

0:10.8

All persons having business before the Honorable, the Supreme Court of the United States are admonished to give their attention.

0:19.4

Welcome to Divided Arguement, an unscheduled Unpredictable Supreme Court podcast. I'm Dan Epps.

0:24.9

And I'm Will Bowd.

0:25.9

So Will, this is an extremely special and rare episode. We are not usually a show that has guests,

0:32.7

but we have with us a guest. And is Professor Steve Vladak from the University of Texas School of Law, who is here to

0:38.9

talk about a very, very important new book. He has written called The Shadow Docket. And it has a

0:44.5

provocative subtitle. Do you want to, Steve, do you want to say hello and then give me the,

0:48.1

give us the subtitle? Sure. I'm honored that I get to break into the ranks of guestdom on the

0:53.0

podcast. Yes, the subtitle is definitely

0:55.1

provocative. How the Supreme Court uses stealth rulings to amass power and undermine the

0:59.7

republic. Some might even say hyperbolic, although I aim to persuade you that it's not.

1:04.2

So this is a great venue for you to come talk about the book, and believe it or not, I actually

1:09.3

read the entire book and really enjoyed it.

1:11.2

And so I have some stuff to talk about. But here's what I thought. It might make sense,

1:14.6

Steve, for you to do kind of a shorter kind of capsule overview of the book and its leading arguments.

1:19.9

And then I would love to hear from Will, because Will obviously is the either the progenitor or the

1:25.3

popularizer of the phrase, a shadow docket, at least as applied to the Supreme Court of the U.S.

1:31.6

And then, you know, I imagine he has some thoughts, and then I can get in the mix and we continue that conversation.

1:37.2

Yeah, I mean, I should say that every time I give Will the credit he deserves for coining the term,

...

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