The Shadow Docket by Stephen Vladek

This is an excellent description about what to fear about the current Supreme Court and how they adjudicate cases. It is not just that they appear to be political, it is that they are no longer even saying why they are making many of their decisions. This is a well-researched indictment of how the supreme court has grown to rely on using procedural orders rather than rulings to make new law, escaping scrutiny while delivering major victories to the political right. Strictly speaking, the shadow docket is a vehicle for addressing issues that demand urgent attention, usually injunctions and orders to preserve the status quo. But it has morphed into a fraught topic. The court has adjudicated cases involving abortion, voting rights and Covid policy by means of the shadow docket. The docket also became the prime location for the elevation and reordering of religious rights, under the free exercise clause of the first amendment. All this at a time when confidence in the court is at a low. Only a quarter of Americans have confidence in the supreme court. As the country strives to navigate a post-Roe v Wade world, the right to abortion removed, regard for the right wing of the court is scarcer still. Justices Clarence Thomas, Brett Kavanaugh, Amy Coney Barrett and Samuel Alito have negative ratings with the public. Kavanaugh and Thomas are underwater by double-digits. Kavanaugh and Thomas are perceived as misogynists at best and predators at worst . Thomas has been taking undisclosed gifts from a Republican mega-donor and married to an election-denier who trades on her spouse’s judgeship, which has triggered demands for renewed oversight. And either Gorsuch or Barrett is a Senate steal, further undermining confidence. This book gives further cause for concern, and the whole ordeal will hopefully continue to spur voting--particularly amongst women and younger voters.