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Supreme Court’s ‘shadow docket’ brings hasty decisions with long-lasting implications, outside of its usual careful deliberation

By Wayne Unger, Associate Professor of Law, Quinnipiac University

The recent publication of confidential Supreme Court memoranda by The New York Times has brought to light a pivotal moment in the court’s history. “The birth of the Supreme Court’s shadow docket has long been a mystery,” wrote reporters Jodi Kantor and Adam Liptak. “Until now.”

Originally coined by legal scholar William Baude, the term “shadow…

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