Parsing the Shadow Docket

What recent, seemingly procedural SCOTUS decisions can tell us about substance.

Feb. 2 2019 10:00 AMWhat Did We Learn From the Transgender Troops Ban Injunction?Lambda Legal’s Sharon McGowan on the setback at SCOTUS.
Jan. 5 2019 10:00 AMChief Justice John Roberts, a Rock, and a Hard PlaceHow will the chief justice reconcile his conservatism with his institutionalism in a divided court?
Dec. 8 2018 10:00 AMMapping the Mueller Investigation, and Mapping Native LandsMimi Rocah draws a legal map of the special counsel’s investigation, dotted with “buckets of criminality.”
Nov. 10 2018 10:00 AM“Taking a Wrecking Ball to Our Constitution”Is Trump’s appointment of Matthew Whitaker even legal? And why the census citizenship question is so problematic.
Oct. 27 2018 10:00 AMDocket Deep Dive and Is It Time to Freak Out About Voting?Reading tea leaves on the cases before the court this term and spilling the tea on where voting rights stand for the midterms.
Oct. 1 2018 10:43 AMLive From AustinAn all-star legal panel on Kavanaugh, the coming SCOTUS term, and the future of the court.
Sept. 15 2018 10:00 AMRoe v. KavanaughBrett’s not super into precedent, it seems.
Aug. 18 2018 10:00 AMBarbie, Bratz, and Who Owns Your Dreams?The intellectual property battle about much more than plastic dolls.
July 21 2018 10:03 AMThe Scalia FactorRick Hasen on his book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.
June 30 2018 10:00 AMWith Kennedy Gone, What’s on the Chopping Block?Our annual look at the end of the Supreme Court term.
June 13 2018 5:00 PMBonus: Live From the ACLUA legal all-star panel with David Cole, Vanita Gupta, Joyce White Vance, and Richard Painter.
May 26 2018 10:00 AMThe Impeachment QuestionIt’s a possibility, but should it be a goal?
April 27 2018 3:40 PMTravel Ban 3.0 and Rinsing Off Religious Animus for SCOTUSUnpacking the arguments in the marquee case of this term.
March 31 2018 10:00 AMDon’t Call It an Abortion CaseNIFLA v. Becerra may be all about reproductive rights, but it’s a speech case, too.
March 3 2018 10:00 AMWhen Did Corporations Become People?If your answer is Citizens United, think again.
Jan. 19 2019 10:00 AMWe’re Back to Where Mueller Began: CounterintelligenceYale’s Asha Rangappa takes us inside “the spy stuff.”
Dec. 22 2018 10:00 AMThe Incrementalist RBGA conversation with screenwriter Daniel Stiepleman on the biopic On the Basis of Sex, about his aunt, Ruth Bader Ginsburg.
Nov. 24 2018 10:00 AMA Hard Line on Acosta’s Hard PassThe White House settled CNN’s lawsuit, but big questions remain.
Nov. 3 2018 10:00 AMThe Deadly Shooting at the Tree of Life SynagogueAn interview with Rabbi Chuck Diamond.
Oct. 13 2018 10:00 AMDue ProcessingAs Justice Kavanaugh takes his seat, Dahlia Lithwick takes stock with Sen. Jeff Merkley and Matthew Yglesias.
Sept. 29 2018 10:00 AMThe Press, the President, and Enemy ConstructionLaw professors Lisa Sun and RonNell Andersen Jones on morphing the media into enemies of the people.
Sept. 1 2018 10:00 AMBack-to-School Protest SpecialFrom armbands to Parkland, free-speech rights inside the school gates.
Aug. 4 2018 10:00 AMA Taftian Antidote to Trumpian Excesses?What a most judicious past president can teach us about this moment.
July 7 2018 10:00 AMThe Argument That Could Reclaim the Supreme Court for DemocratsSen. Sheldon Whitehouse on the frustrating process of vetting a new Supreme Court justice.
June 23 2018 10:00 AMVoting: Purging, Packing, Cracking, StandingAnalysis of SCOTUS gerrymandering and voter purge decisions with Paul M. Smith, who argued two of the cases.
June 9 2018 10:06 AMReligious Belief, Sincerely HeldExamining the narrow slicing of the Masterpiece Cakeshop ruling and contemplating the role of faith in our laws.
May 12 2018 10:00 AMThe State of the State Attorneys GeneralMassachusetts Attorney General Maura Healey on gun safety wins, the resistance, and Eric Schneiderman.
April 14 2018 10:01 AMThe Rule of Law and the Ethics of Poking the BearCohen, Comey, Mueller, and more.
March 17 2018 10:01 AMAll the President’s LawyersA white-collar special.
Feb. 17 2018 10:00 AMA Preview of a Union-Busting Case, and RBG’s Greatest Hits TourDetails on the case that could gut public sector unions, and Justice Ginsburg speaks to #MeToo and due process.