The Supreme Court’s “shadow docket” is in the spotlight

It’s that time of year when the Supreme Court issues a bunch of important decisions on high-profile cases before its summer recess. But it turns out there’s a whole other docket of decisions that usually fly under the radar.

It’s called the emergency docket, or “shadow docket.” And the use of this lesser-known docket is changing the way the Supreme Court engages with wide-reaching, often divisive issues, and shaping law on the ground.

“We’re seeing every big fight in contemporary American public policy getting to the Supreme Court faster through these emergency applications, and provoking the justices to take a position sooner because of these emergency applications,” said Stephen Vladeck, law professor at the University of Texas and author of the new book “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.”

On the show today, Vladeck explains what the shadow docket is, why emergency decisions by the Supreme Court have become more common over the past decade, and what this all means for the credibility of the court in the eyes of the American public.

In the News Fix: Speaking of the Supreme Court, we’ll get into how its upcoming decision on affirmative action could muddle diversity efforts at colleges across the country. And we’ll explain why pharmaceutical companies are pushing back against the new Medicare drug price negotiation program.

Later, listeners weigh in on local dog bars and virtual reality headsets. Plus, this week’s answer to the Make Me Smart question comes from singer, songwriter and condiment lover, Priska Neely.

Here’s everything we talked about today:

• “Book Review: ‘The Shadow Docket,’ by Stephen Vladeck” from The New York Times
• “The Supreme Court and ‘The Shadow Docket'” from NPR
• “What you need to know about the Supreme Court’s ‘shadow docket’” from Poynter
• “Justice Alito Calls Criticism of the Shadow Docket ‘Silly’ and ‘Misleading” from NPR
• “Merck sues US government to halt Medicare drug price negotiation” from Reuters
• “As Supreme Court considers affirmative action, colleges see few other ways to diversity goals” from AP News
• Priska Neely’s “Ode to Condiments” on YouTube

We love to hear from you. Send us your questions and comments to makemesmart@marketplace.org or leave us a voicemail at 508-U-B-SMART.