Dear John,
America's founders carefully structured a government of checks and balances to ensure that when one branch overreaches, the others serve as the guardrails. But even this carefully crafted system of independent branches of government does not guarantee that those who serve will understand or care about their role as fiduciaries to the nation.
Last week, Georgetown University Law Professor Stephen Vladeck and journalist Ann Marimow engaged in an important and fascinating conversation about the Supreme Court's Shadow Docket during an LDAD webinar. Professor Vladeck is author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Ann Marimow is the Supreme Court Correspondent for the Washington Post.
As Professor Vladeck observed, the Supreme Court is now deciding fewer cases than any time since the Civil War. More time, however, is spent on its emergency docket, which allows the Justices to make significant decisions without transparency or requirement that they reveal the basis for their rulings.
Professor Vladeck and Ms. Marimow offered a clear analysis that should serve as a significant foundation for future conversations about possible Supreme Court reform measures. If you missed this webinar, Hiding in the Shadows - the Supreme Court, the Shadow Docket, and the Future of Judicial Independence, a link is now available.
