Don’t Blame John Roberts for the Shadow Docket

By William Baude and John Guida

Mr. Baude is a professor at the University of Chicago Law School. Mr. Guida is an editor in Opinion.

It is referred to as the shadow docket, the emergency docket, the interim-orders docket. Whatever you call it, this fast track now accounts for a substantial part of the Supreme Court’s workload.

“The Shadow Papers,” a New York Times report by Jodi Kantor and Adam Liptak, digs into a turning point in the Supreme Court’s use of the shadow docket — the practice of issuing orders and........

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