UT Law Professor Illuminates the Dangers of The Shadow Docket

UT-Austin law professor Stephen Vladeck is quick to point out that every public poll shows public confidence in the Supreme Court eroding.

This reality seems to prod at the foundation of the court's power – its sound, publicly explained reasoning."It's what separates judges from politicians. Politicians vote up or down, they don't write lengthy opinions," Vladeck says. But then, politicians can be voted out."We give unelected judges all this power in exchange for the belief that they're going to act as judges.

Very directly, two shadow docket decisions likely helped Republicans gain control of the U.S. House of Representatives this session. Though this month the court decided that Alabama's 2020 redistricting process violated the Voting Rights Act by diluting Black Alabamians' voting power, when the issue first appeared on the court's shadow docket in February 2022, they issued an emergency order with the opposite effect.

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