115. The U.S. Supreme Court’s shadow docket and steady movement to the right
The term “shadow docket” is a name given to the U.S. Supreme's Court emergency docket and consists of decisions that are made quickly with little explanation.
This isn’t a new concept. Historically, it was used for urgent matters like death penalty appeals, but its use has expanded significantly in recent years. The shadow docket now addresses a variety of urgent issues, many of which have been triggered by unprecedented actions taken by President Donald Trump.
The shadow docket allows the court to issue stays or injunctions, often altering the course of ongoing cases, but with little to no explanation, meaning lower courts are left with little guidance and struggle to interpret the decisions.
Critics argue that the shadow docket lacks transparency, as decisions made through the shadow docket can have lasting effects without the usual scrutiny of full court hearings. This raises questions about accountability and fairness in the legal system.
The Supreme Court has also been moving steadily to the right on a variety of issues and seems to a proponent of the “unitary executive theory” that gives the president broad authority over the executive branch in a way never before exercised.
Listen to our conversation with Mark Brown, professor of constitutional law at Capital Law School, who ends our conversation by predicting how the court will rule on four upcoming cases.
