If you want to understand how the Supreme Court’s MAGA majority has undermined democracy, you need to understand the “shadow docket.”
The shadow docket — as the court’s emergency docket has come to be known — is one of the more dramatic and corrupt ways that MAGA-aligned justices are enabling President Trump to take away our freedoms.
Normally, the justices don’t hear a case until after lower courts have considered it fully and made a final decision. But a party to a case may describe it as so urgent that quick “relief” is needed from the Supreme Court, claiming that “irreparable harm” may occur while lower courts consider it.
That puts it on the emergency docket.
Since time is supposedly of the essence, the justices don’t hold oral arguments. And if they grant the “relief” and undo the lower court’s order, they often give us little if any explanation why. Lower court judges are left without much guidance on whether or how to use the decision to guide their own decisions.
With so little sunlight, no wonder the term “shadow docket” has stuck.