The court has increasingly flouted its own procedural standards to change substantive law in unexplained shadow docket rulings.
, the Supreme Court reinstated the proposed congressional district maps in Alabama that two different lower courts had held diluted the power of Black voters in violation of the Voting Rights Act. The ruling is temporary — the Justices agreed to take up Alabama’s appeal of the lower court rulings in their October 2022 term. But as election law scholar Rick Hasen
, Monday’s decision has both immediate short- and long-term effects: Alabama’s racially gerrymandered maps will now be used at least through the 2022 midterms, and the justices have made it harder forhas dubbed the “shadow docket” — the unsigned, unexplained orders that comprise a majority of the Supreme Court’s workload. As I’ve documented, although the court has always had a shadow docket, in the last five years we have seen dramatic changes in exactly what the court uses itThe changes have not been for the better.
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