Shadow docket: Difference between revisions

 

The term has been used by the justices themselves, with Justice [[Samuel Alito]] calling it "sinister" in a university speech and saying it was "used to portray the court as having been captured by a dangerous cabal that resorts to sneaky and improper methods to get its ways". In a dissent to ''[[Whole Woman's Health v. Jackson]]'' (2021), Justice Kagan used the term, saying the Court's usage of the shadow docket "every day becomes more unreasoned, inconsistent, and impossible to defend."<ref name="intimidate">{{cite news |last1=Barnes |first1=Robert |last2=Berardino |first2=Mike |title=Alito defends letting Texas abortion law take effect, says Supreme Court critics want to intimidate justices |url=https://www.washingtonpost.com/politics/courts_law/alito-texas-abortion-law-shadow-docket/2021/09/30/e74da5f6-2219-11ec-8200-5e3fd4c49f5e_story.html |access-date=October 29, 2021 |work=[[The Washington Post]] |date=September 30, 2021}}</ref>

 

== Procedure ==

|text=Until this term, it would have been unheard-of to articulate a new constitutional rule while issuing an emergency injunction to enforce it{{nbsp}}... A majority of the justices are increasingly using procedural tools meant to help them control their docket to make significant substantive changes in the law, in defiance not only of their own standards for such relief, but of fundamental principles of judicial decision making.<ref>{{Cite web|last=Vladeck|first=Stephen I.|date=April 15, 2021|title=The Supreme Court Is Making New Law in the Shadows|url=https://www.nytimes.com/2021/04/15/opinion/supreme-court-religion-orders.html?searchResultPosition=1|url-status=live|website=[[The New York Times]]|access-date=September 1, 2021|archive-date=August 31, 2021|archive-url=https://web.archive.org/web/20210831034727/https://www.nytimes.com/2021/04/15/opinion/supreme-court-religion-orders.html?searchResultPosition=1}}</ref>

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===Transparency===