The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic

An instant New York Times bestseller.

An acclaimed legal scholar’s exposé of how the Supreme Court uses unsigned and unexplained orders to change the law behind closed doors.

“Important.” —The New York Times

The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. 

The Court’s conservative majority has used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck. In this rigorous yet accessible book, he issues an urgent call to bring the Court back into the light. 

“Mr. Vladeck offers a fascinating chronicle of the shadow docket’s rise … The author’s skill as a law professor shines in thorough, clear explanations.” —The Economist

“Vladeck offers a well-researched indictment … comprehensive and sensitive to nuance, written for concerned audiences.” —Guardian