United States | In the shadows

Many of the Supreme Court’s decisions are reached with no hearings or explanation

The nine justices are making more and more use of the “shadow docket”

|NEW YORK

IN FIVE WEEKS the Supreme Court will return from its summer break to hear a batch of new disputes, including clashes over abortion and guns. After scrutinising briefs from litigants and amici curiae (friends of the court), the justices will hear oral argument in these cases and—weeks or months later—release opinions explaining why one party won and the other lost. But this methodically adjudicated “merits docket” represents a shrinking proportion of the Supreme Court’s notable business. Although the justices handle about five dozen cases this way each year (down from more than 150 in the 1980s), they dispatch thousands of other legal tangles without fanfare—and often with scant explanation.

This article appeared in the United States section of the print edition under the headline “In the shadows”

Where next for global jihad?

From the August 28th 2021 edition

Discover stories from this section and more in the list of contents

Explore the edition

More from United States

Xiaohongshu And TikTok Logos

A protest against America’s TikTok ban is mired in contradiction

Another Chinese app is not the alternative some young Americans think it is

Joe Biden drives a machine that's rolling out a carpet of the US flag for Donald Trump to walk on

How Joe Biden wound up serving Donald Trump

In some ways, his administration will look less like an interregnum than like MAGA-lite


Kids skate at the Venice Skatepark in LA, which is covered in ashes as smoke rises from the Palisades Fire

How bad will the smoke be for Angelenos’ health?

Expect more sickness and disrupted schooling


Should you have to prove your age before watching porn?

America’s Supreme Court weighs a Texan law aimed at protecting kids

Tulsi Gabbard, Sean Penn and the hunt for an American hostage

A controversial trip to Syria in 2017 produced a possible sighting of Austin Tice, an imprisoned journalist

How flush Americans feel depends on their views of Donald Trump

Republicans expect a Trumponomics boom, Democrats dread a bust