Reveal
The Center for Investigative Reporting and PRX
The Secret Origins of the Supreme Court’s Shadow Docket
In this episode of Reveal, host Al Letson sits down with New York Times investigative journalist Jodi Kantor to examine the Supreme Court’s increasingly controversial use of the shadow docket. Kantor, who has reported extensively on this shift, explains that the shadow docket serves as an unconventional fast track for legal decisions, bypassing the traditional, deliberative process of oral arguments and detailed written opinions. She traces this trend back to a 2016 climate change regulation case involving the Obama administration, which she identifies as a pivotal moment where the court began prioritizing speed over transparency. Beyond the procedural analysis, the discussion highlights how the lack of reasoned opinions undermines public trust in the judiciary and complicates the work of lower court judges. The episode also pivots to Kantor’s broader career, including her historic reporting on the Me Too movement and the release of her new book, which addresses the anxieties of young people entering a rapidly changing workforce. Ultimately, the conversation serves as a deep dive into the intersections of institutional power, accountability, and the evolving nature of truth-telling in journalism.
Updated Jul 8, 2026
About This Episode
More To The Story: Last month, the Supreme Court issued a number of landmark opinions involving transgender rights, campaign finance, executive power, and immigration. Those decisions were issued in the traditional way many of us recognize: pages and pages of arguments and citations, with each justice on the record voting yea or nay. But over the last decade, the court—led by Chief Justice John Roberts—has increasingly relied on a fast-track way of making decisions that was once rarely used. It’s known as the shadow docket. Few reporters have done more to shine light on the shadow docket than New York Times investigative journalist Jodi Kantor. Along with her colleague Adam Liptak, Kantor recently published a number of previously undisclosed memos detailing the shadow docket’s unprecedented expansion under the Roberts court. On this week’s More To The Story, Kantor talks to host Al Letson about what’s driving the Roberts court to bypass the traditional ways of issuing decisions and how that’s affecting public trust in the court. Plus, Kantor looks back at her Pulitzer Prize–winning reporting on sexual abuse allegations against Harvey Weinstein that helped set off the #metoo movement and argues that obituaries for the movement almost 10 years later are dead wrong.
Producer: Josh Sanburn | Editor: Kara McGuirk-Allison | Theme music: Fernando Arruda and Jim Briggs | Copy editor: Nikki Frick | Digital producer: Artis Curiskis | Intern: Joni Binder | Deputy executive producer: Taki Telonidis | Executive producer: Brett Myers | Executive editor: James West | Host: Al Letson
Read: This Is All John Roberts’ Fault (Mother Jones)
Listen: Why Conservatives Are Trying to Kill the Voting Rights Act (More To The Story)
Read: The Inside Story of Five Days That Remade the Supreme Court (The New York Times)
Read: She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement (Penguin Books)
Read: How to Start: Discovering Your Life’s Work (Little Brown and Company)
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