“The Shadow Docket” by Stephen Vladeck is the first book to pull back the curtain on a less visible way the court is twisting the constitution
Later that year, however, John Marshall, the fourth chief justice, boldly seized the power of judicial review—the ability to strike down laws that violate the constitution. A century and a quarter later, the tenth chief, William Howard Taft, insisted on liberating the justices from Congress’s lair and installing them in a spectacular home of their own across the road.
Mr Waldman’s focus is on the court’s 6-3 conservative majority. Republican appointees have dominated the court since 1970, but in recapping three decisions of June 2022, “The Supermajority” shows that the rightward lean has gone full tilt.. Justice Samuel Alito’s approach in his majority opinion preserves “in amber 19th-century social norms”, says Mr Waldman.
These historical sections in the book are thin; its analysis of the Warren Court, in particular, could be sharper. Mr Waldman writes that this period, with its expansion of rights in America, was the court’s “greatest era”—yet he also criticises its justices for “making up rights to fit their political predilections”.
The author’s skill as a law professor shines in thorough, clear explanations of how the court has run roughshod over its own jurisprudence in shadow-docket cases involving abortion, religious liberty and election law. He highlights the silent but “stunningly impactful” role Justiceplayed in her first weeks on the job.
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