The Rise of the Shadow Docket

The podcast discusses how the Supreme Court has increasingly used the shadow docket, a set of unsigned and unexplained emergency rulings, to make major policy decisions behind closed doors. The shift towards the shadow docket started in the early 20th century, granting the court more control over its docket. It allowed the court to intervene in emergencies, but this power has expanded to cases beyond the death penalty. Notable examples include immigration policies, COVID mitigation policies, and abortion rights. The lack of transparency and explanations for these rulings has raised concerns about the court's power and accountability.