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5min chapter
The Shadow Docket with Steve Vladeck
5-4
The Shadow Docket and the Supreme Court's Decisions
Will Marshall coined the term "shadow docket" in 2015. He was talking about summary reversals at the search stage and how there'd been a bunch more of these percaryum opinions reversing lower courts without oral argument. Since then, he says, lots of other things where the court is doing big rulings through unsigned unexplained orders have actually gotten more attention,. And so I started paying attention to this stuff really early in the Trump administration because it seemed like the Supreme Court was using these kinds of orders in ways that were meaningfully different from what had happened previously.
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