The Evolving Shadow Docket

This chapter explores the transformation of the emergency docket, or shadow docket, which has expanded its scope beyond death penalty cases to include contentious issues such as abortion and voting rights. It highlights the opaque decision-making process of the shadow docket and discusses recent Supreme Court rulings impacting transgender rights and voter ID laws. The chapter raises concerns about the increasing number of emergency applications from Republican-led states and industry groups, emphasizing the strain on the court's traditional processes and the implications for its credibility.