"The Shadow Docket": Uncovering the Supreme Court's Growing Influence on American Law

The "shadow docket" is a part of the Supreme Court's work where cases are decided without full briefing or oral argument, and without any written opinion. This has become more prevalent in recent years, with the Trump administration using it aggressively and successfully. University of Texas law professor Stephen Vladeck argues that the court's use of unsigned and unexplained orders is unprecedented and inconsistent, and suggests that partisan politics may be at play. Vladeck also notes that historically, the court has provided principled rationales for its decision-making, but the shadow docket has none of that.