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.