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
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
More episodes of The American Mind Podcast
- Trump v. Slaughter Part III: Creating Monsters to Destroy
- Trump v. Slaughter Part II: Look at Me, I am the Government Now
- Chimping Out
- The Administrative State in the Slaughterhouse, Part I
- Genocide or Hyperbole?
- Dispatch from Japan, Part III: Trumpism
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