The Shadow Docket: Democracy's Silent Killer | Dahlia Lithwick

Journalist and political commentator Molly Jong-Fast joins Marc Elias to discuss Trump’s declining political power, the myth of a governing mandate, and the growing backlash heading into the 2026 midterm elections. They examine corporate and billionaire collaboration with Trumpism, the retreat of Big Law, escalating voter suppression and election subversion, DOJ efforts to access voter files, and the legal fight to protect voting rights and democracy. The discussion also dives into the collapse of U.S. media, disinformation, Section 230, the erosion of expertise, billionaire influence on social media, AI misinformation, and why journalism has been undermined by policy choices. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket

Supreme Court expert and Amicus podcast host Dahlia Lithwick joins Marc Elias to unpack one of the most dangerous and least understood forces shaping American law today: the Supreme Court’s shadow docket. Lithwick explains how the Court increasingly uses late-night, unsigned emergency orders to upend lower-court rulings, reverse longstanding precedent, and reshape democracy—without transparency, reasoning, or accountability. Together, they explore how the shadow docket amplifies minority rule, expands executive power, undermines voting rights, and allows the Court to exercise enormous authority while evading public scrutiny. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket

Voting rights attorney Marc Elias warns that the Trump Department of Justice is aggressively seeking access to Americans’ most sensitive voter data—including Social Security numbers, party affiliation, voting history, and signatures—by suing more than 20 states. Elias explains why this unprecedented data grab is central to a broader strategy of voter suppression, election subversion, and litigation designed to undermine free and fair elections in 2026 and beyond. Drawing on decades of experience and current court battles, he breaks down how voter files work, how they can be weaponized, and why DOJ control of this data could fundamentally reshape elections, from voter challenges to targeted suppression laws and post-election challenges. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket

Former Acting Assistant Attorney General Mary McCord joins Marc Elias to deliver a sobering, inside-the-Justice-Department assessment of how political pressure is corroding DOJ norms, judicial trust, and prosecutorial ethics. Drawing on decades as a federal prosecutor and current work at Georgetown Law, McCord explains the collapse of the presumption of regularity, the rise of misrepresentations to courts, and the dangers of politicized prosecutions—from immigration cases to protest arrests and grand jury shopping. She also discusses the devastating impact on U.S. Attorney’s Offices, why juries are increasingly rejecting overreach, how law students are rethinking careers in government, and why lawyers must now speak publicly to defend the rule of law and constitutional democracy. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket

David Pakman joins Marc Elias to break down the most dangerous and overlooked trends of Donald Trump’s second term, from public desensitization and media failure to economic backlash, immigration cruelty, and rising threats to democratic norms. Pakman explains why economic pain—not attacks on democracy—is driving voter shifts, how Latino voters moved right in 2024 and may already be swinging back, and why legacy media has struggled while independent creators fill the gap. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket

Senator Cory Booker sits down with Marc Elias to discuss the real and growing threats to American democracy. Booker explains why economic insecurity, extreme inequality, and normalized corruption are not just policy failures but existential dangers to democratic stability. He warns that rising costs, collapsing trust in institutions, authoritarian abuses of power, and the politics of cruelty are driving cynicism and disengagement—and creating fertile ground for democratic backsliding. Rather than focusing only on stopping Donald Trump, Booker argues that democracy can only be saved by restoring trust, redeeming the American promise, and offering a bold, forward-looking moral vision that gives people something worth fighting for, not just something to fight against. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket

Illinois Governor JB Pritzker joins Marc Elias for a candid, wide-ranging conversation about governing through constant crisis and confronting the growing threat to American democracy. Pritzker reflects on balancing Illinois’ budget, leading through COVID, responding to the migrant crisis, and pushing back against what he describes as Donald Trump’s authoritarian tactics—from ICE and CBP raids in Chicago to attacks on civil liberties and democratic norms. Drawing on Holocaust history and his own life experience, he explains how democracies erode and why the danger is real. Looking ahead to 2026, Pritzker argues that while democracy is the foundational issue of our time, elections are won on kitchen-table concerns like wages, rent, healthcare, and affordability, sharply criticizing Trump’s tariffs as hidden taxes on working families. The interview offers a clear-eyed look at leadership, values, and what it will take to defend democracy and win going forward. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocke

A surprising legal principle from conservative Supreme Court gun cases could help restore the right to vote as a first-class constitutional right. Drawing on his experience arguing his fifth case before the SCOTUS, Marc Elias shows how voting has been wrongly treated as a second-class right—subject to balancing tests and state convenience—while other rights receive strict protection, and argues that the Constitution, history, and modern technology all support stronger, uniform safeguards for free and fair elections. Watch for deep insight into the US legal system, legal principles, and how we can strengthen the democratic process. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocke

Sen. Sheldon Whitehouse joins Marc Elias for a sweeping conversation on the state of American democracy—from the tragedy at Brown University to the urgent fight against Supreme Court capture, dark money, and fossil fuel influence. Whitehouse breaks down how billionaire interests engineered a “captured court,” why voting rights and environmental regulation are under attack, and what real Supreme Court reform must look like.Support independent journalism:https://newsletters.democracydocket.com/member-youtubeStay informed with the latest news and political analysis:https://newsletters.democracydocket.com/youtubeFollow Democracy Docket:Bluesky: https://bsky.app/profile/democracydocket.comInstagram⁠: https://instagram.com/democracydocketFacebook⁠: https://facebook.com/democracydocketX/Twitter⁠: https://twitter.com/DemocracyDocketTikTok⁠: https://tiktok.com/@democracydocketThreads: https://www.threads.net/@democracydocket

Harvard Law Professor Nicholas Bowie joins Marc Elias to unpack how the Supreme Court’s conservative majority is dismantling decades of voting rights, campaign finance law, and congressional authority. From the Voting Rights Act to campaign finance reform, from Reconstruction to modern-day “history and tradition” tests, this conversation explores why SCOTUS is no longer exercising judicial restraint—but judicial supremacy. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket