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)
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