Overview

• Speaking at the Sixth Circuit’s judicial conference in Memphis on Thursday, Justice Brett Kavanaugh said “interim docket” better describes the court’s short, non‑merits orders than the commonly used “shadow docket.”
• Bloomberg Law reported his comments, and Kavanaugh noted the label reflects that not all requests are emergencies and that such orders are not necessarily final decisions.
• He previously floated the term in July at the Eighth Circuit’s conference in Kansas City, acknowledging it may not be “catchy.”
• Lawyers and legal analysts criticized the rebranding on social media, arguing terminology distracts from concerns about opaque decision-making without full briefing or explanation.
• Trackers report 113 such orders in the 2024–25 term, while commentary ranged from Reason’s defense of “interim docket” as more accurate to MSNBC’s critiques highlighting real‑world consequences and recent lower‑court complaints about unclear guidance.