Cover image for The shadow docket : how the Supreme Court uses stealth rulings to amass power and undermine the republic
First Title Value for Searching:
The shadow docket : how the Supreme Court uses stealth rulings to amass power and undermine the republic
Personal Author:
Edition:
First edition.
Physical Description:
xv, 334 pages ; 25 cm
Summary:
"The Supreme Court has always had the authority to issue emergency rulings--halting an execution or preventing a law from going into effect until lower courts could rule on its constitutionality--but until recently, it did so only in exceptional circumstances and issued only narrow rulings. Yet in the past decade, the court has expanded its use of the behind-the-scenes 'shadow docket' dramatically, handing down major decisions that impact millions of Americans without oral argument or signed opinions, and often without any legal reasoning at all. ... Vladeck offers a comprehensive analysis of the shadow docket, tracing its emergence in the 1970s in the wake of major court decisions on the death penalty and its recent embrace by a conservative-leaning court that has expanded it to set policy on everything from election law to abortion to immigration. ... [The book] exposes a disturbing institutional crisis that threatens the foundations of our democracy, and calls for sweeping reform"--
Contents:
The rise of certiorari : how the "least dangerous branch" came to control its agenda -- Substance in procedure : how the court decides without deciding -- The machinery of death : how capital punishment gave rise to the modern shadow docket -- The tenth justice : how the Trump Administration blew up the shadow docket -- COVID and the court : how the court abused the shadow docket to expand religious liberty -- The "Purcell principle" : how the current court uses the shadow docket to help Republicans -- "Read the opinion" : how the court's abuse of the shadow docket undermines its legitimacy -- Bringing the Supreme Court out of the shadows.
Publication Info:
New York, NY : Basic Books/Hachette Book Group, 2023.
Subject:
Political questions and judicial power -- United States.
Extraordinary remedies -- United States.
Pre-trial procedure -- United States.
United States. Supreme Court
United States. Verkhovnyĭ Sud
Supreme Court (U.S.)
United States. Oberster Gerichtshof
United States. Sąd Najwyższy
United States. Tribunal Supremo
United States. Corte Suprema
United States. Legfelsőbb Bíróság
Chief Justice of the United States
Supreme Court of the United States
美 !7o. 最高法院
Judicial activism
Judicial power and political questions
Special proceedings
Pre-trial conferences
Pre-trial hearings
Pretrial conferences
Pretrial hearings
Pretrial procedure
SAILS ISBN:
9781541602632