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1A

Remaking America: The Supreme Court, The Shadow Docket, And America's Trust

1A

NPR

News

4.34.5K Ratings

🗓️ 25 April 2022

⏱️ 33 minutes

🧾️ Download transcript

Summary

The shadow docket sounds like a bad movie from the 1940s. In real life, the phrase denotes the Supreme Court's emergency decisions that are usually procedural and come with little explanation.

But there's growing concern that the docket is being used more often to make major rulings in private with wide-reaching consequences.

We discuss how Justices justify the shadow docket and what a lack of transparency and Americans' waning trust in the court mean for our democracy.

Want to support 1A? Give to your local public radio station and subscribe to this podcast. Have questions? Find us on Twitter @1A.

Transcript

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0:00.0

My name is Marjorie and I'm from Oregon. My concern is if they're able to render an opinion

0:17.2

without having a reason why and sharing that with the public, and how do we know that

0:25.8

they're applying the law and not functioning simply from their opinion of morality. So I do

0:37.8

think that having a shadowdocket and not having to supply an opinion does decrease my faith

0:45.6

in the Supreme Court. The shadowdocket is the Supreme Court's emergency decisions. They're

0:52.1

usually procedural and come with little explanation. But they're scrolling alarm that it's being used

0:57.0

more often to make major rulings in private with wide-reaching consequences. But others say it's

1:02.9

a means to keep lower court judges in line, especially when it comes to national injunctions.

1:07.9

A national injunction is when a single judge blocks a government policy from being enforced nationwide.

1:13.6

We recently saw this in action. A federal judge in Florida upended national public health policy

1:20.0

when she struck down the CDC's federal mask mandate for airplanes and other transportation. After

1:25.5

the break, we'll discuss how one judge can have such a large impact while also getting to what the

1:30.1

overall lack of transparency and Americans waning trust in the court means for our democracy.

1:36.0

I'm Jen White. You're listening to the 1A podcast where we get to the heart of the story. This

1:41.2

conversation is part of our Remaking America project. Over the next two years, we'll be exploring

1:46.1

Americans trust in our democracy and the institution's critical to its survival. And remember to

1:51.7

join future conversations, have your questions answered on future topics, or just to let us know what

1:56.6

you think, tweet us at 1A.

2:03.7

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2:09.3

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2:15.2

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2:21.8

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