Also called the emergency docket.
- Click here for the entry.
The shadow docket is the use of emergency orders and summary decisions by the Supreme Court of the United States without oral argument. The term was coined in 2015 by University of Chicago Law professor William Baude.
It is used when the Court believes an applicant will suffer "irreparable harm" if its request is not immediately granted. Historically, the shadow docket was rarely used for rulings of serious legal or political significance. However, since 2017, it has been increasingly utilized for consequential rulings, especially for requests by the Department of Justice for emergency stays of lower-court rulings. The practice has been criticized for various reasons, including for bias, lack of transparency, and lack of accountability.