A Troubling Milestone: Most Supreme Court Rulings Are Secretive Votes With Little Justification
For the first time, the Supreme Court issued more rulings through its "shadow docket" than through its traditional merits docket. These shadow docket decisions, often unsigned and lacking justification, are fast-tracked and bypass oral arguments and extensive briefings. This shift has allowed the Trump administration to implement policies blocked by lower courts with little explanation. Scholars note this trend, which began around 2016, has led to consequential decisions that contradict precedent and empower the executive branch. The increased use of the shadow docket, particularly by the Trump administration, has raised concerns about transparency and the court's credibility.