Summary
- The Supreme Court's "shadow docket" has overtaken its traditional merits docket, with 63 shadow orders issued last term compared to 56 substantive decisions.
- Conservative justices, including Samuel Alito and Brett Kavanaugh, have criticized the media's portrayal of this practice as secretive and improper.
- ProPublica's analysis reveals that the Court is increasingly relying on unbriefed emergency orders, raising concerns about transparency and accountability in constitutional rulings.
- This shift may allow the Court to issue significant decisions without proper scrutiny, potentially reshaping legal precedents without public debate.
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