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Supreme Court Uses 'Shadow Docket' to Issue Far-Reaching Orders Without Justification

  • The Supreme Court conservative majority increasingly relies on unsigned orders issued through the shadow docket to make consequential decisions with no explanation.
  • The shadow docket allows the Supreme Court to rule on cases without full briefing, oral arguments or a written opinion.
  • During Trump's presidency, the Supreme Court dramatically increased its use of the shadow docket to allow the administration to continue policies lower courts deemed unlawful.
  • Experts argue the Supreme Court's shadow docket rulings lack transparency and consistency, damaging its reputation.
  • Congress has shaped the Supreme Court's caseload in the past and could again legislate changes to address concerns over the shadow docket.
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