‘A finger on the scale’? Inside the US Supreme Court’s ‘shadow docket’
Summary
The U.S. Supreme Court is increasingly using a process called the "shadow docket" to make quick decisions without full hearings. The Trump administration has frequently used this process, filing many emergency requests for fast decisions on important issues.Key Facts
- The "shadow docket" involves the Supreme Court making quick decisions without detailed hearings.
- These decisions are typically given in short, unsigned orders with little explanation.
- Since Donald Trump started his second term, he has made a record number of emergency applications to the Supreme Court.
- In the first seven months of Trump's second term, 22 emergency applications were filed, more than during any of his predecessors' terms.
- In Trump's first term, his administration submitted 41 emergency petitions, receiving some form of relief in 28 cases.
- The "shadow docket" is a method used more often now compared to previous administrations.
- Fordham University law professor Aaron Saiger noted that Trump's administration regularly asks for this emergency relief, a shift from past practices.
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