The Shadow Docket, #MeToo, and the Power of Reporting (with Jodi Kantor)
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In this compelling episode of Stay Tuned, Preet Bharara sits down with Pulitzer Prize-winning journalist Jodi Kantor to explore two pivotal themes: the secretive workings of the Supreme Court's 'shadow docket' and the enduring legacy of the MeToo movement. Kantor, renowned for her groundbreaking reporting on Harvey Weinstein that helped ignite the global MeToo movement, shares insights from her latest investigation into the origins of the shadow docket—revealing how a 2016 decision to halt President Obama’s Clean Power Plan marked a pivotal shift toward fast-tracked, opaque rulings with minimal reasoning. Drawing on previously unpublished internal court memos, Kantor and her colleague Adam Liptak expose the chief justice’s aggressive push to intervene, raising urgent questions about judicial transparency, legitimacy, and the erosion of public trust. The conversation also turns to the personal and professional impact of her work, reflecting on the courage of survivors, the dangers of secret settlements, and the ongoing cultural reckoning with power and accountability. Kantor’s new book, *How to Start*, offers a hopeful roadmap for young people navigating a fractured job market, urging them not to surrender to cynicism but to pursue meaningful work with resilience and purpose. The episode concludes with a poignant reminder that despite systemic challenges, the workplace remains a powerful arena for progress and human connection.
The Supreme Court's shadow docket, once reserved for emergencies, has become a tool for politically consequential decisions with little to no public reasoning.
Internal court memos reveal Chief Justice Roberts' aggressive push in 2016 to halt the Clean Power Plan, marking a turning point in the court's secretive practices.
Judicial transparency is essential for legitimacy—reasoning in opinions affords dignity to parties and strengthens public trust in the rule of law.
The MeToo movement, though politicized and under backlash, continues to drive change, especially in corporate boardrooms and workplace policies.
Young people today face unprecedented anxiety about work and identity, but meaningful careers are still possible through courage, craft, and resilience.
The Origin of the Shadow Docket: A 2016 Turning Point
“In 2016, the Supreme Court did something unprecedented: it halted a major environmental regulation without a full opinion, issuing only a 142-word order. That case marked the birth of the modern shadow docket.”
Inside the Court’s Inner Sanctum: Memo Culture and Secrecy
Kantor explains how justices communicate via private memos during the shadow docket process, often without in-person meetings. She reveals how these documents expose a chief justice acting with urgency and political calculation, challenging the public image of judicial neutrality.
The Power of Reasoning: Why Opinions Matter
“Writing an opinion is an act of respect. It says: I know you’ll disagree, but I was sincere, diligent, and reached my decision through legal reasoning.”
MeToo at 10: Legacy, Backlash, and the Enduring Fight
“The MeToo movement has been politicized, but the conversation is still happening. We haven’t returned to a 'hear no evil, see no evil' mentality.”
The Future of Work: Navigating Anxiety and Purpose
“Do not give up before you start. Frustration and disappointment are certain. Failure is possible, but if you abdicate the search for satisfaction now, you will put it further out of reach.”
“Do not give up before you start. Frustration and disappointment are certain. Failure is possible, but if you abdicate the search for satisfaction now, you will put it further out of reach.”
“The shadow docket is not about efficiency. It’s about power. And power without accountability is dangerous.”
“Writing an opinion is an act of respect. It says: I know you’ll disagree, but I was sincere, diligent, and reached my decision through legal reasoning.”
Host
Guest
Jodi Kantor
person
Preet Bharara
person
Supreme Court
organization
New York Times
organization
MeToo Movement
other
Harvey Weinstein
person
Chief Justice John Roberts
person
Donald Trump
person
Adam Liptak
person
8647
other
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