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Federal Judges Rebuke Supreme Court’s Expanded ‘Shadow Docket’

A rare survey finds concern that expedited rulings bypass normal scrutiny.

Overview

  • The New York Times reached 65 of more than 400 active federal judges; 47 said the Supreme Court’s emergency‑docket use since January was inappropriate.
  • Only 12 respondents—each a Republican nominee—approved of the approach, and six were neutral.
  • Forty-two reported some or major damage to the public’s perception of the judiciary from these orders.
  • Judges described relations with district courts as “a war zone” and warned that snap rulings create an impression of secretiveness or arbitrariness.
  • This term the Court issued emergency relief 14 times and has backed President Trump in 21 of 23 presidential‑power cases, many via the shadow docket.