The Shadow Docket and How the Supreme Court Uses It (Video)

When most Americans think about the Supreme Court, they think of the nine justices in black robes hearing oral arguments in a stately courtroom. Then, after careful consideration by the justices involving extensive research and writing, they issue opinions or dissents, signing their names to how they voted. However, there’s a whole other way the Court does business, and it’s been getting a lot of attention in recent years. It is the so-called Shadow Docket, and the Court has issued rulings on Covid restrictions, immigration orders, and state abortion laws. These are often unsigned opinions delivered in the middle of the night. In this video, University of Texas School of Law professor Steve Vladeck and Bloomberg Law Supreme Court reporter Jordan Rubin explain what the Shadow Docket is, why it exists, why it’s in the news so often now, and how to make it more transparent.

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