Understanding the Shadow Docket

The shadow docket refers to the Supreme Court's use of unsigned and unexplained orders to make decisions without the extensive public discourse that typically accompanies its major rulings. Coined by a Chicago law professor, this term highlights the court’s activities that fall outside its regular merit docket, where only a handful of cases receive comprehensive discussions. By operating in this manner, the Supreme Court has been able to issue significant rulings that can drastically affect policy without occasion for public scrutiny or debate, thus raising concerns about legitimacy and transparency. The focus of the conversation is not only to define the shadow docket but to stress its implications for the court’s power dynamics and institutional behavior.