Cloak and Docket

About this episode

The episode discusses the implications of leaked Supreme Court memos and the evolving role of the courts in the context of presidential power.

In a dramatic leak, The New York Times has published seven private memos from a 2016 exchange between Supreme Court Justices leading up to the now-famous interim order that blocked President Obama's "Clean Power Plan." The Times ’s lopsided framing accuses Chief Justice Roberts of being flippant and taking unprecedented action. But the so-called "shadow docket" has been used more broadly to shut down both rampant Biden-era lawfare and Trumpian overreach. This week, the guys detail how the courts of both law and public opinion have been changing in the era of the imperial presidency. Recommended: The Inside Story of Five Days That Remade the Supreme Court Leaked Supreme Court Memos Reveal Why Court Stayed Clean Power Plan The Pity Party Watch with video on Youtube This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit claremontinstitute.substack.com/subscribe

Topics covered

• Supreme Court
• Clean Power Plan
• shadow docket
• lawfare
• imperial presidency
• public opinion

Keywords

• Supreme Court
• Clean Power Plan
• shadow docket
• lawfare
• Chief Justice Roberts
• Biden
• Trump

Mentioned in this episode

Organizations: The New York Times, President Obama's 'Clean Power Plan', Biden, Trump

Books & works: The Inside Story of Five Days That Remade the Supreme Court, Leaked Supreme Court Memos Reveal Why Court Stayed Clean Power Plan, The Pity Party

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