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

What is the Supreme Court’s ‘shadow docket’ and why is it important?

By: Wayne Unger, Quinnipiac University, The Conversation

Outlets: The Conversation

Published: April 23, 2026

Words: 1,496

Last Updated: 3 months, 1 week ago

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By Wayne Unger, 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 docket” refers to the Supreme Court’s emergency docket, which, as Baude wrote, includes …

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