In this episode, Jonathan Adler of William & Mary Law School and Stephen Vladeck of Georgetown University Law Center explore a part of the Supreme Court’s work that has drawn growing public attention: its emergency, or “shadow,” docket. Julie Silverbrook, chief content and learning officer at the National Constitution Center, moderates.
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This episode was produced and mixed by Bill Pollock. With production support from Charles Sahm. Research was provided by Anna Salvatore, Trey Sullivan, and Tristan Worsham.
Participants
Jonathan Adler is Cabell Research Professor and Tazewell Taylor Professor of Law at William & Mary Law School. He is the author or editor of seven books, including Business and the Roberts Court. He is a regular contributor to the legal blog, The Volokh Conspiracy. He is a regular commentator on constitutional and regulatory issues, appearing on numerous radio and television programs, ranging from the PBS NewsHour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Stephen Vladeck is Agnes Williams Sesquicentennial Professor of Federal Courts at Georgetown University Law Center. He has argued before the Supreme Court and serves as CNN’s Supreme Court analyst and as editor and author of One First, a weekly newsletter about the Supreme Court. Vladeck is the author of the New York Times bestselling book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.
Julie Silverbrook is chief content and learning officer at the National Constitution Center, where she leads the strategy, development, and delivery of the Center’s content, public programs, and educational initiatives, advancing its mission of nonpartisan constitutional education and civil dialogue. She oversees the creation of public-facing constitutional content and works to ensure the Center’s programs, scholarly engagement, and educational resources operate as a coordinated national strategy serving students, educators, families, and lifelong learners across the country.
Additional Resources
- Jonathan Adler, “Reading the Clean Power Plan "Shadow Papers" in Context,” The Volokh Conspiracy (April 22, 2026)
- Jonathan Adler, “Mifepristone Returns to the Shadow Docket,” The Volokh Conspiracy (May 3, 2026)
- Stephen Vladeck, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (2024)
- Stephen Vladeck, “Chief Justice Roberts and the Clean Power Plan,” OneFirst (April 20, 2026)
- City of Los Angeles v. Lyons (1983)
- Massachusetts v. EPA (2007)
- Winter v. NRDC (2008)
- West Virginia v. EPA (2016)
- Biden v. Texas (2022)
- United States v. Texas (2023)
- FDA v. Alliance for Hippocratic Medicine (2024)
- Trump v. CASA (2024)
- NIH v. American Public Health Association (2025)
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