After its midnight decision on the controversial Texas abortion law this week, the Supreme Court is facing renewed scrutiny around how it handles emergency appeals on what has come to be known as its 'shadow docket.'
The U.S. Supreme Court's practice in handling emergency cases is drawing criticism from both outside the court and from within.That has given lift to criticism that the Supreme Court is wading into substantial issues on its emergency docket without the same considered, time-consuming approach it takes with other lawsuits that arrive through the regular appeals process.
"Often in the shadow docket you may know about the dissent, but you really don’t know anything about the reasoning of the justices who favor the order because typically there’s no opinion to explain it," said Peter Margulies, a law professor at Roger Williams University. “You’re left to guess.” Shadow docket disputes, by contrast, usually involve deciding whether to temporarily block a law while the underlying legal questions are considered by lower courts. The parties sometimes have days to file briefs and there are no oral arguments.
published last week."Not never. But be careful. And I’ve said that in print. I’ll probably say it more."
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