The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic

Stephen Vladeck examines the Supreme Court's use of unsigned and unexplained orders, known as the shadow docket, to make consequential rulings outside the public eye. While the Court has long possessed authority to issue emergency rulings in exceptional circumstances, since 2017 it has significantly expanded this practice, regularly issuing decisions affecting millions of Americans without public hearings or explanation through late-night orders that leave lawyers and citizens without clarity. The Court's conservative majority has employed the shadow docket to approve restrictive voting laws, abortion bans, and restrictions on immigration and COVID vaccine mandates. Vladeck argues that regardless of political perspective, Americans should be concerned about the shadow docket's implications for the rule of law. He calls for increased transparency and accountability in the Court's operations, contending that understanding the shadow docket is crucial to understanding both the Supreme Court's inner workings and American democracy.