The Supreme Court’s “Shadow Docket”: A Conversation with Stephen Vladeck

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The Supreme Court’s “Shadow Docket” A Conversation with Stephen Vladeck
About the Program

The Supreme Court has always had the authority to issue unsigned and unexplained rulings. But in recent years, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, many through cryptic late-night rulings that leave lawyers—and citizens—scrambling.

The Court’s conservative majority has used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. As University of Texas School of Law Professor Stephen Vladeck explains in his New York Times-bestselling book, “The Shadow Docket,” Americans of all political stripes should be worried about what the shadow docket portends for the rule of law. Professor Vladeck will join Franita Tolson in a wide-ranging conversation about the shadow docket—and what it has to teach us about how the Supreme Court has come to play such a central and controversial role in so many facets of our lives.

Speaker(s)
Dean Franita Tolson

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USC Gould School of Law

Franita Tolson is Dean and Carl Mason Franklin Chair in Law at the University of Southern California Gould School of Law. She also holds a courtesy faculty appointment in the Political Science and International Relations Department at the USC Dornsife College of Letters, Arts and Sciences.

Her scholarship and teaching focus on the areas of election law, constitutional law, legal history, and employment discrimination. She has written on a wide range of topics including partisan gerrymandering, political parties, the Elections Clause, the Voting Rights Act of 1965, and the Fourteenth and Fifteenth Amendments.

Her research has appeared in leading law reviews including the Yale Law JournalHarvard Law ReviewStanford Law ReviewCalifornia Law ReviewUniversity of Pennsylvania Law Review, and Vanderbilt Law Review. Tolson is one of the coauthors of the leading election law casebook, The Law of Democracy (Foundation Press, 6th ed., 2022). Her forthcoming book, In Congress We Trust?: Enforcing Voting Rights from the Founding to the Jim Crow Era, will be published by Cambridge University Press.

As a nationally recognized expert in election law, Tolson has written for or appeared as a commentator for various mass media outlets including The New York TimesThe Los Angeles Times, the Wall Street JournalReuters and Bloomberg Law. She has testified before Congress numerous times on voting rights issues. She has also authored a legal analysis for an amendment to the U.S. Constitution, introduced by Senator Elizabeth Warren and Senator Richard Durbin, that would explicitly protect the right to vote. In addition, Tolson worked as an election law analyst for CNN in 2020 and NBC in 2024. She currently co-hosts an election themed podcast, Free and Fair with Franita and Foley, with Ned Foley of The Ohio State University Moritz College of Law.

At USC Gould, Tolson had previously served as the interim dean (since 2023) and held the George T. and Harriet E. Pfleger Chair in Law. Before that, she was the law school’s vice dean for faculty and academic affairs from 2019 to 2022.

Prior to joining USC, Tolson was the Betty T. Ferguson Professor of Voting Rights at Florida State University College of Law and a visiting assistant professor at Northwestern University School of Law. Before entering academia, she clerked for the Honorable Ann Claire Williams of the United States Court of Appeals for the Seventh Circuit and the Honorable Ruben Castillo of the Northern District of Illinois.

Tolson is a graduate of the University of Chicago Law School, where she was the Walter V. Schaefer Visiting Professor of Law during the Spring 2021 academic quarter.

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Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law

Stephen I. Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, and is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice.

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Accreditation
Credit Hours:
1.00
Specialty Area:
None
Credit Type:
General
Original Air Date:
November 5, 2023
Accredited in:
California

You may be able to self apply for credits in states not listed. Email for accreditation information in your state.

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