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”
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”
United States August 28th 2021
- America’s rush for the exit in Kabul
- Many of the Supreme Court’s decisions are reached with no hearings or explanation
- September will be the most crucial month of Joe Biden’s presidency
- Why San Francisco’s city government is so dysfunctional
- Improved technology collides with religious beliefs at the ICU
- The trials of Gavin Newsom
Discover more
Does Donald Trump have unlimited authority to impose tariffs?
Yes, but other factors could hold him back
As Jack Smith exits, Donald Trump’s allies hint at retribution
The president-elect hopes to hand the justice department to loyalists
Democratic states are preparing for Donald Trump’s return
But Mr Trump will be more prepared, too
Donald Trump and Tulsi Gabbard are coming for the spooks
The president-elect’s intelligence picks suggest a radical agenda
Checks and Balance newsletter: Trump is embracing a shift in Republican priorities
Will he follow through on his policy commitments?
Matt Gaetz withdraws from consideration as America’s attorney-general
Will the Senate be brave enough to block Donald Trump’s other outlandish nominees?