Cloak and Docket

The American Mind Podcast · Apr 22, 2026 · 46m

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…