Cloak and Docket

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 CourtLeaked Supreme Court Memos Reveal Why Court Stayed Clean Power PlanThe Pity PartyWatch 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