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THE SHADOW DOCKET

HOW THE SUPREME COURT USES STEALTH RULINGS TO AMASS POWER AND UNDERMINE THE REPUBLIC

Critics of the current court will find much to ponder in Vladeck’s account.

A legal scholar examines and cross-examines a Supreme Court increasingly given to secrecy.

Vladeck, CNN’s Supreme Court analyst and a professor at the University of Texas School of Law, argues that the court has increasingly delivered its rulings by means of the “shadow docket” of his title, unsigned orders with no position or legal analysis attached and comprised of shorthand language—e.g., “the application for injunctive relief presented to JUSTICE SOTOMAYOR and by her referred to the Court is granted,” or “the application for a stay presented to JUSTICE ALITO and by him referred to the Court is denied.” Sometimes this means that the court lets lower rulings stand, but sometimes the unsigned order is a way of sidestepping the fraught matter of actually rendering a concrete decision. Occasionally, it’s a way of enforcing unpopular legal rulings without attaching responsibility, with plenty of attendant ironies. For example, Justice Amy Coney Barrett, appointed by former President Donald Trump, has demanded that critics read the arguments that would ordinarily be included on a “merits docket” only to issue most decisions in those bland one-sentence utterances. Even the website offering transcripts of the justices’ public speeches hasn’t been updated in years (the most recent entry is from August 2019). By Vladeck’s account, not only is the court withdrawing itself from public accountability, but it is also making decisions that properly belong to the executive and legislative branches. The author often writes in language requiring legal training to fully understand—“In general, although denials of certiorari therefore cannot be cited as proof of the Supreme Court’s views on any particular issue, they regularly produce significant substantive effects by changing the status quo on the ground”—but his arguments against the walled-off court are certainly persuasive and timely.

Critics of the current court will find much to ponder in Vladeck’s account.

Pub Date: May 16, 2023

ISBN: 9781541602632

Page Count: 352

Publisher: N/A

Review Posted Online: June 7, 2023

Kirkus Reviews Issue: July 1, 2023

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THE MESSAGE

A revelatory meditation on shattering journeys.

Bearing witness to oppression.

Award-winning journalist and MacArthur Fellow Coates probes the narratives that shape our perception of the world through his reports on three journeys: to Dakar, Senegal, the last stop for Black Africans “before the genocide and rebirth of the Middle Passage”; to Chapin, South Carolina, where controversy erupted over a writing teacher’s use of Between the World and Me in class; and to Israel and Palestine, where he spent 10 days in a “Holy Land of barbed wire, settlers, and outrageous guns.” By addressing the essays to students in his writing workshop at Howard University in 2022, Coates makes a literary choice similar to the letter to his son that informed Between the World and Me; as in that book, the choice creates a sense of intimacy between writer and reader. Interweaving autobiography and reportage, Coates examines race, his identity as a Black American, and his role as a public intellectual. In Dakar, he is haunted by ghosts of his ancestors and “the shade of Niggerology,” a pseudoscientific narrative put forth to justify enslavement by portraying Blacks as inferior. In South Carolina, the 22-acre State House grounds, dotted with Confederate statues, continue to impart a narrative of white supremacy. His trip to the Middle East inspires the longest and most impassioned essay: “I don’t think I ever, in my life, felt the glare of racism burn stranger and more intense than in Israel,” he writes. In his complex analysis, he sees the trauma of the Holocaust playing a role in Israel’s tactics in the Middle East: “The wars against the Palestinians and their Arab allies were a kind of theater in which ‘weak Jews’ who went ‘like lambs to slaughter’ were supplanted by Israelis who would ‘fight back.’” Roiled by what he witnessed, Coates feels speechless, unable to adequately convey Palestinians’ agony; their reality “demands new messengers, tasked as we all are, with nothing less than saving the world.”

A revelatory meditation on shattering journeys.

Pub Date: Oct. 1, 2024

ISBN: 9780593230381

Page Count: 176

Publisher: One World/Random House

Review Posted Online: Aug. 2, 2024

Kirkus Reviews Issue: Sept. 1, 2024

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BEYOND THE GENDER BINARY

From the Pocket Change Collective series

A fierce, penetrating, and empowering call for change.

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Artist and activist Vaid-Menon demonstrates how the normativity of the gender binary represses creativity and inflicts physical and emotional violence.

The author, whose parents emigrated from India, writes about how enforcement of the gender binary begins before birth and affects people in all stages of life, with people of color being especially vulnerable due to Western conceptions of gender as binary. Gender assignments create a narrative for how a person should behave, what they are allowed to like or wear, and how they express themself. Punishment of nonconformity leads to an inseparable link between gender and shame. Vaid-Menon challenges familiar arguments against gender nonconformity, breaking them down into four categories—dismissal, inconvenience, biology, and the slippery slope (fear of the consequences of acceptance). Headers in bold font create an accessible navigation experience from one analysis to the next. The prose maintains a conversational tone that feels as intimate and vulnerable as talking with a best friend. At the same time, the author's turns of phrase in moments of deep insight ring with precision and poetry. In one reflection, they write, “the most lethal part of the human body is not the fist; it is the eye. What people see and how people see it has everything to do with power.” While this short essay speaks honestly of pain and injustice, it concludes with encouragement and an invitation into a future that celebrates transformation.

A fierce, penetrating, and empowering call for change. (writing prompt) (Nonfiction. 14-adult)

Pub Date: June 2, 2020

ISBN: 978-0-593-09465-5

Page Count: 64

Publisher: Penguin Workshop

Review Posted Online: March 14, 2020

Kirkus Reviews Issue: April 1, 2020

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