Civics 101 The Supreme Court rulings that aren't rulings
Jul 29, 2025
Professor Stephen Vladeck, a federal courts expert at the University of Texas School of Law, delves into the enigmatic world of the Supreme Court's shadow docket. He discusses how this practice allows the court to make urgent decisions without formal debates, raising questions about accountability. With notable cases like the Texas abortion ban, Vladeck examines the political implications and ideological divides, urging for greater transparency in judicial processes. His insights reveal the complexities of a crucial component of American governance often overlooked.
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What Is the Shadow Docket?
- The shadow docket consists of unsigned, unexplained Supreme Court orders outside of full opinions.
- These rulings are inscrutable and constitute most of the Court's work, yet receive little public scrutiny.
Contrast: Merits vs Shadow Docket
- Merits cases involve lengthy procedures and detailed opinions, but shadow docket cases skip these steps.
- The Court issues emergency orders with no arguments, opinions, or signatures, often late at night.
Spike in Emergency Appeals Under Trump
- Trump's administration made 41 emergency appeals in 4 years, while prior 16 years saw only 8 combined.
- This surge greatly increased the Supreme Court's shadow docket activity and political cases.