The Daily The Rise of the Supreme Court’s So-Called Shadow Docket
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Sep 15, 2025 
Adam Liptak, a Supreme Court analyst for The New York Times, explores the shadow docket and its implications for American governance. He discusses how quick decisions without explanations create confusion for lower courts and the public. Liptak highlights the transformation of the Court's processes during the Trump administration, raising concerns about transparency and the integrity of legal reasoning. The conversation underscores the challenges journalists face in making sense of rapidly changing legal landscapes and the consequences for everyday citizens.
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Court Operating On Two Tracks
- The Supreme Court now runs two distinct tracks: the slow merit docket and a fast "shadow" emergency docket.
- The shadow docket issues quick, terse orders without oral argument or detailed reasoning.
Trump's Heavy Use Of Emergency Orders
- The Trump administration has used the shadow docket far more aggressively than prior administrations.
- It sought emergency relief many times in months that previous presidents did not in years.
Emergency Requests Skip Merits And Explanations
- Emergency applications ask the Supreme Court to pause lower-court injunctions quickly, not to decide the merits.
- The Court often grants or denies these requests with minimal or no reasoning.