The term shadow docket refers to the decisions and orders of the Supreme Court outside of the traditional cases. Shadow docket cases generally lack the formal briefings, oral arguments, and reasoned, lengthy opinions of the merits cases. Over the last few years, the Court has increasingly used these decisions to address high-profile and politically-charged issues such as immigration, election disputes, pandemic restrictions, and abortion bans.

In this interview, Prof. Steven Vladeck (University of Texas Law School) breaks down this shift in power at the High Court and offers detailed analysis and a critique of the increased use of the shadow docket and what it might mean for the Court’s already-tarnished prestige. 

(Credits: 1 General MCLE)