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U.S. Supreme Court

Jul. 17, 2024

SCOTUS’ unseen hand and the perils of the ‘shadow docket’

The Shadow Docket enables politically or ideologically motivated justices to selectively prioritize cases that advance their personal agendas.

Richard Wirick

Partner, Risk Management and Insurance Litigation (RMIL) Practice Group at Haight, Brown & Bonesteel LLP (Haight).

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A few years ago, a liberal law professor from the University of Texas, Stephen Vladek, wrote a book called “The Shadow Docket.” It was subtitled ‘How SCOTUS Uses Stealth Rulings to Amass Power and Undermine the Republic.’ This writer reviewed it for another publication. From my days in publishing, I was wondering how such a strident subtitle got past the marketing editors. Usually, such spoiler titles doom a book to the remainder bin almost...

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