4.6 • 3.2K Ratings
🗓️ 9 May 2023
⏱️ 74 minutes
🧾️ Download transcript
As the Court has moved right, it's been using the "shadow docket" to execute on more of its agenda. Previously reserved for emergencies, like stays of executions, the process of hearing cases outside of the Court's ordinary calendar is now frequently used to issue unsigned and unexplained decisions that overturn the status quo. We'll dig into it with University of Texas School of Law professor Steve Vladeck, and author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.
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5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.
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0:00.0 | Hey everyone, this is Leon from Fiasco and Prologg Projects. |
0:22.7 | On this week's episode of 5-4, Peter, Riannan and Michael are talking to Steve Vlodic, author |
0:28.5 | of the new book The Shadowdocket. The Shadowdocket is a catchy name for a catch-all tool that |
0:33.7 | feels emergency requests to the court. As the valence of the court has moved to the right, |
0:39.1 | use of the Shadowdocket has skyrocketed. Critics argue that it allows the court to issue decisions |
0:44.6 | without justifying them. The conservatives do not appreciate the feedback. Samuel Alito called |
0:50.8 | out critics in Congress and in the media and said this quote, the catchy and sinister term of the |
0:56.1 | Shadowdocket has been used to portray the court as having been captured by a dangerous cabal |
1:01.3 | that resorts to sneaky and improper methods to get its ways. To our hosts and our guests, |
1:06.4 | that sounds about right. This is 5-4, a podcast about how much the Supreme Court sucks. |
1:17.4 | Welcome to 5-4, where we dissect and analyze the Supreme Court cases that have left our civil |
1:22.8 | rights weak, embarrassing and pathetic, like a Twitter blue subscriber trying to go viral. |
1:29.4 | I'm Peter. I'm here with Riannan. Hey, you're paying $8 a month for that. |
1:34.9 | And Michael. Hey everybody. |
1:38.5 | Someone please get me a blue sky invite. These two, I'm trying so hard. A lot of promises. |
1:45.2 | Peter, I am begging their CEO. Michael is putting in the work on blue sky for us. He is putting us |
1:52.5 | on his back, Peter. And we have not gotten a single fucking invite code. A lot of promises. |
1:57.8 | I talk up blue sky on Twitter and then I screen grab that and I put it on blue sky. I tag the CEO |
2:04.8 | like look at all the good work I'm doing for blue sky. Nothing, nothing man. |
2:12.0 | Ask Michael Hobbs, Peter. Yeah. As you know, I could easily just tweet this request out and get it. |
2:18.9 | But you're above that. I'm only willing to be a begging, pathetic loser to you guys. |
2:27.3 | I'm not going to do it to 150,000 people at once. Anyway, no one knows what we're talking about. |
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