SCOTUS Moves Capital Case From Shadow Docket to Rocket Docket
Who could have imagined that the phrase “shadow docket” would take off? What was once a clever, but obscure term in Will Baude’s scholarship has become yet another fulcrum in debates about the Supreme Court. Justice Breyer used the phrase in an interview, and Justice Kagan dropped it in her WWH dissent.
Perhaps the most common criticism of the shadow docket is that the Justices are deciding cases too quickly, without the benefit of full-dress briefing and oral arguments. The Court could address this criticism by simply accelerating the time it takes to resolve a case.
On Wednesday evening, the Court took that action. The Justices
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