Shadow docket

Type: Concept

As of November 2026, Shadow docket has been mentioned in 2 episodes across 1 podcast, first heard Aug 2025 on The Ezra Klein Show. The Ezra Klein Show discusses the shadow docket as a way the Supreme Court makes decisions quickly and without detailed reasoning, often benefiting Trump. In one episode, it's described as decisions made “often in the dead of night,” which allows for significant victories that occur “under the radar.” This highlights concerns about transparency and accountability in the judicial process.

The shadow docket refers to motions and orders in the Supreme Court of the United States in cases which have not yet reached final judgment, decision on appeal, and oral argument. This term especially refers to stays and injunctions, but also includes summary decisions and grant, vacate, remand (GVR) orders. The phrase shadow docket was first used in this context in 2015 by University of Chicago law professor William Baude.