SCOTUS in Session: Tariffs, the “Shadow Docket,” and Executive Power
Tue Nov 04 2025
The Supreme Court of the United States is back in session with a blockbuster docket that could shift the levers of power in America. Issues range from the scope of executive authority, and the role of the federal government, to the power of the lower courts in resolving executive power disputes. As cases on the so-called “shadow docket” pile up, some district judges are speaking out, raising concerns about risks to the high court’s legitimacy. Meanwhile, the business world is watching and waiting for a decision on the administration’s tariff-setting power that could shake the global economy.
Have the courts provided sufficient guardrails, what limits can Congress impose — and will those checks and balances last? Will SCOTUS rein in the administration’s tariff strategy? And how should businesses respond?
Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Kwaku Akowuah and Tacy Flint, the co-leaders of Sidley’s Supreme Court, Appellate, and Litigation Strategies practice. Together, they discuss the monumental cases of the Supreme Court’s last term, the majority’s backing of executive power over the federal bureaucracy, and the court’s use of the emergency docket.
Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
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The Supreme Court of the United States is back in session with a blockbuster docket that could shift the levers of power in America. Issues range from the scope of executive authority, and the role of the federal government, to the power of the lower courts in resolving executive power disputes. As cases on the so-called “shadow docket” pile up, some district judges are speaking out, raising concerns about risks to the high court’s legitimacy. Meanwhile, the business world is watching and waiting for a decision on the administration’s tariff-setting power that could shake the global economy. Have the courts provided sufficient guardrails, what limits can Congress impose — and will those checks and balances last? Will SCOTUS rein in the administration’s tariff strategy? And how should businesses respond? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Kwaku Akowuah and Tacy Flint, the co-leaders of Sidley’s Supreme Court, Appellate, and Litigation Strategies practice. Together, they discuss the monumental cases of the Supreme Court’s last term, the majority’s backing of executive power over the federal bureaucracy, and the court’s use of the emergency docket. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.