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Cases, for time sensitive emergencies. when there was no time for the court's normal process. now they're using that for everything. for big cases, for cases that aren't emergencies at all. for some of the most controversial, divisive political issues that come before them, things like abortion rights and voting rights. things like if the court acts in a controls way they are risking some of the country may not want to abide by their ruling because some significant portion of the country thinks the court is bs so why should they follow its rulings. as argued in the new book "the shadow docket"...

Decisions they can't possibly be expected to understand. i might say the court itself is not even bothering to explain. joining us now is the university of texas law professor, steve vladeck, the author of the new book "shadow docket" how the supreme court uses stealth rulings to amass power and undermine the republic. thanks for being here. >> thanks for having me. >> what did i say wrong? >> nothing. no. i think the reality is that over the last five or six years, we've seen the supreme court use what used to be rare orders that we actually saw in the 1980s and 1990s in the death penalty con...

Into effect. but right then and the nex sentence, he basically sai that he did not think that the harms that the doj and the drugmaker expressed what befal the nation if the ruling wen into effect. he said that he did not thin that those are important enoug for a stay he's tied to have it both ways in his dissent last night. >> what did you make of it >> the dissent was caustic the first thing i made out o it was how sarcastic and bitin it was, particularly with th use of stays that has been a tool of th conservatives in the corporate early during the trump presidency it's the rise of academic...

>> the dissent was caustic the first time it out of it wa how sarcastic and fighting i was, particularly with the use of stays that has been a tool of th conservatives in the corporate early during the trump presidency it's the rise of academics what the - the shadow docket, cases tha the supreme court decide without fully elaborated upo decisions, much less ora arguments. a leader was basically sayin to the liberals, you complai so many times, when we hav granted stays, and here you ar doing it again and a totally unjustifiable situation. one of the states that h criticize was one drafted by ...

Constitutions, you are essentially green-lighting the thing that didn't happen in 2020, just because it was too soon. >> if the court, in terms of court legitimacy, which is a term that i think it's thrown around a lot without people knowing what it means. if court legitimacy continues to be in flux, the way it is now, it feels like it's in free fall now, more than influx. do you think the justices themselves and i'm starting to worry about people following their orders, and following the rulings, are they conscious that threat? >> a year ago, i would've said yes. sb8, the shadow docket, all t...