Supreme Court Conservatives Want More Robust ‘Shadow Docket’ (1)

The US Supreme Court since August has issued more emergency orders than opinions in cases that got fully briefed and argued despite several justices expressing misgivings about the practice.

The most conservative justices signaled they wanted to use what’s known as the shadow docket even more aggressively. Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented most often when the court refused to act on expedited appeals.

“What stands out is that voting trends between the two dockets are similarly ideologically patterned and that conservative interests are the big winners when the Court grants emergency relief,” said Kimberly Humphrey, federal courts ...