KNOW THE LAW

What is the “Shadow Docket”

Supreme Court cases are divided into two different categories: merits dockets and shadow dockets. Merits docket cases receive a full court review. For each case, the Supreme Court considers numerous briefs and hears oral arguments. Once merits docket cases are reviewed, the Supreme Count issues a decision by releasing a lengthy ruling outlining their reasoning. Concurring and dissenting opinions are usually included in the ruling. The Supreme Court usually decides up to 70 merits docket cases each term.

A shadow docket refers to the U.S. Supreme Court’s process for handling emergency motions and orders in cases that have not gone through extensive review or full hearings. It often involves quick decisions on stays and injunctions, typically resulting in brief rulings. They do not include detailed explanations and often do not indicate which justices’ decisions are in the majority or minority.

The shadow docket was designed to be a rare action, limited to situations in which the lower court rulings could cause irreparable harm if allowed to stand. As law professor Stephen I. Vladeck noted in testimony before Congress, “Owing to their unpredictable timing, their lack of transparency, and their usual inscrutability, these rulings come both literally and figuratively in the shadows.”

Read more: https://www.brennancenter.org/our-work/research-reports/supremecourtshadow-docket

WHY DOES THIS MATTER?

Using the shadow docket for nonemergency but monumental decisions runs counter to the tenets of transparency and the rule of law. Such rulings lead to the perception that rulings are based on political ideology rather than judicial principles.

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