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Defending Democracy with Marc Elias

The Shadow Docket: Democracy's Silent Killer | Dahlia Lithwick

Defending Democracy with Marc Elias

Democracy Docket

News, Politics

4.9702 Ratings

🗓️ 6 January 2026

⏱️ 52 minutes

🧾️ Download transcript

Summary

Supreme Court expert and Amicus podcast host Dahlia Lithwick joins Marc Elias to unpack one of the most dangerous and least understood forces shaping American law today: the Supreme Court’s shadow docket. Lithwick explains how the Court increasingly uses late-night, unsigned emergency orders to upend lower-court rulings, reverse longstanding precedent, and reshape democracy—without transparency, reasoning, or accountability. Together, they explore how the shadow docket amplifies minority rule, expands executive power, undermines voting rights, and allows the Court to exercise enormous authority while evading public scrutiny. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket

Transcript

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0:00.0

The Supreme Court is reshaping American law at a scale we have never before seen.

0:04.9

It's issuing decisions that will define the limits of executive power for a generation,

0:09.7

not to mention the trajectory of Trump's presidency.

0:12.7

Today's guest, Dahlia Lithwick, has been covering the court longer than almost anyone in journalism.

0:17.6

She's a senior editor at Slate and host of the award-winning podcast, Amicus.

0:22.2

On today's show, she takes us behind the curtain of the Supreme Court. She breaks down the

0:26.4

blockbuster cases still to come and answers the most important questions of our time.

0:31.3

Is this court too powerful, too political, and too unaccountable? And if so, how do we fix it?

0:37.1

But before we get into it,

0:38.4

subscribe to this channel to stay informed about how you can defend democracy. Dahlia Lithwick,

0:43.5

welcome to defending democracy. It's good to be with you. I got to ask you kind of your

0:47.4

your backstory, right? You grow up in Canada. You come to the United States for college, you go to Yale and then you get your law

0:56.1

degree in Stanford. I guess my first question is, have you decided the sensible thing is to

1:02.4

actually give up in this whole America thing and go back to Canada?

1:05.1

I got married in Toronto to a U.S. citizen and the joke that my big brother made at my wedding, which feels, you know,

1:15.3

that was 25 years ago in two months, which feels very too on the nose right now, as he

1:20.4

sort of like lifted his wine glass and said, everybody thinks that Dahlia's marrying Aaron

1:25.4

for the green card, but some of us actually think he's marrying

1:28.8

her for the exit to Canada. And at the time, like, exactly, people laughed uncomfortably

1:33.9

and didn't get it, and now it seems weirdly prophetic. I mean, I will just sort of soberly

1:40.1

say this much. And I'm still a green card holder. I will say this, Mark. I think that sometimes

1:49.3

it helps to be like on the inside and the outside at the same time. Because I think,

...

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