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Episode Description
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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