Brett Kavanaugh has addressed how the Supreme Court’s short, unexplained rulings in the “shadow docket” have caused a rift ...

Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean ...

Cases and Controversies is a recurring series by Carolyn Shapiro, primarily focusing on the effects of the Supreme Court’s ...

A court is supposed to explain things,” the Obama appointee said during her appearance at a circuit conference. “That’s what ...

Justices fundamentally hostile to the rights of voters place the court increasingly at odds with democracy itself.

The Supreme Court has diverged very sharply from the district and appellate courts since Trump took office in January. The ...

Why is debate regarding the shadow docket "inevitable?" Detail Justice Kagan's comments. What has Justice Kagan "come to see" over the last few years of using the shadow docket?

In a recent ruling allowing the Trump administration to disassemble the Department of Education and fire nearly 1,400 federal workers, the Supreme Court did not answer a straightforward question: Why?

Like there’s always been a shadow docket – weird things have happened. LBJ was able to steal the 1948 Democratic Senate primary in Texas because of a shadow docket order.

Jurisprudence “Shadow Dockets” Are Normal. The Way SCOTUS Is Using Them Is the Problem. The Supreme Court is not a trial court. By Steve Vladeck April 12, 20216:09 PM Ian Hutchinson on Unsplash ...

Justice Brett Kavanaugh defended the Supreme Court’s recent practice of handing victories to President Donald Trump without ...