The Shadow Docket

Supreme Court Justice Clarence Thomas made headlines last week for his dissent to the majority’s denial of cert in Republican Party of Pennsylvania v. Veronica Degraffenreid. Even though his dissent mainly focused on the mootness of the case, many media outlets seized on the opportunity to mischaracterize Justice Thomas’ argument by claiming he promoted President Trump’s baseless voter fraud claims. After Sarah and David give us their spiel about how media outlets often botch Supreme Court coverage, University of Chicago Law professor William Baude joins today’s show for an extremely nerdy conversation about the Supreme Court’s shadow docket that you won’t want to miss.

Show Notes:

Republican Party of Pennsylvania v. Veronica Degraffenreid.

-“Dissent by Justice Thomas in election case draws fire for revisiting baseless Trump fraud claims” by Mark Joseph Stern in Slate.

-“Clarence Thomas Promotes Trump’s Voter Fraud Lies in Alarming Dissent” by John Fritze in USA Today.

-“Foreword: The Supreme Court’s Shadow Docket” by William Baude in the New York University Journal of Law & Liberty.

Feb. 18 House Judiciary Committee hearing on the Supreme Court’s shadow docket.

Supreme Court Practice by Eugene Gressman.

South Bay United Pentecostal Church v. Newsom.

Fulton v. City of Philadelphia.

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