On a recent episode of Amicus, Dahlia Lithwick spoke with Steve Vladeck, professor at the University of Texas School of Law, about the emerging “shadow docket” at the Supreme Court, wherein the conservative justices are signaling their intentions—and sometimes laying precedent—with quickly dashed off opinions. It shows what the conservative branch of the high court is willing to do now that they have the votes. A portion of their conversation, edited and condensed for clarity, has been transcribed below.
Dahlia Lithwick: I wanted to talk about the COVID cases. I know that it is a strange and wending path that we are on, where we’ve gone from, at the beginning of the summer, John Roberts voting with the liberals did not want to second-guess public health measures that are being instituted by states. Suddenly we’re in a whole new court, whole new world, and we have the archdiocese decision that is now being relied upon in all of its nonexistence for further decisions, including Thursday’s Kentucky Christian schools case. Parse out with me your thinking on why the court has been so aggressive on these cases, particularly when a lot of them are moot.
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