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.