PETITION TO
STOP THE SUPREME COURT'S
OVER USE OF THE SHADOW DOCKET
We Can Lead Change believes that the Shadow Docket
is creating a non-transparent judicial process.
It is time to let our federal judges know that is is unacceptable.
Please read the petition below and consider signing it with us
We, the undersigned, are alarmed at the Supreme Court’s growing reliance on the so-called “Shadow Docket” — secretive emergency orders and summary decisions issued without full briefing, argument, or accountability.
While we recognize that emergency applications are an important and longstanding part of the Court’s work, the frequency and scope of recent orders raise questions that extend well beyond the Supreme Court. This back-door decision-making has gone far beyond legitimate emergency use. The Court is issuing sweeping, unexplained rulings that bind lower federal courts and disrupt the work of district and appellate judges nationwide.
The unchecked growth of the Shadow Docket is not just troubling — it is reckless. It breeds confusion, fuels inconsistent rulings, and burdens already overworked courts. Most dangerously, it erodes public trust in the judiciary and undermines the very legitimacy of the Supreme Court itself.
The issue is not one of particular rulings, but of the integrity of the judiciary itself. The unchecked growth of the Shadow Docket threatens fairness, transparency, and the public’s trust. We call on the Judicial Conference to respond decisively before further damage is done.
WHAT IS THE SHADOW DOCKET??
The “Shadow Docket” is a term used to describe the U.S. Supreme Court’s use of emergency orders and summary decisions that are issued outside of the Court’s normal full review process.
Here’s what that means in plain language:
🔎 How the Court Usually Works
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In most cases, the Supreme Court hears arguments, receives written briefs from both sides, deliberates, and then issues a full written opinion explaining its reasoning.
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This process is lengthy, public, and transparent.
🌑 What the Shadow Docket Is
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The “shadow docket” refers to orders the Court issues without full briefing, oral arguments, or detailed explanation.
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These are often emergency rulings—for example, deciding whether to block or allow a law to take effect while litigation continues in lower courts.
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The rulings can be made quickly, sometimes overnight, and often come in short, unsigned orders.
⚖️ Why It Matters
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These decisions can have immediate and nationwide impact, even though the Court doesn’t provide its usual written reasoning.
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They are sometimes criticized for lack of transparency and for shaping major policy (on issues like voting rights, immigration, or abortion) without the normal judicial process.
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Supporters argue the Court needs this tool to act swiftly in urgent situations.
👉 In short: The shadow docket is the Supreme Court’s “fast track” of emergency rulings, often without the usual explanation, which makes it powerful but controversial.