what is a shadow docket

A shadow docket refers to motions and orders in the Supreme Court of the United States in cases that have not yet reached final judgment, decision on appeal, and oral argument. It is used when the Court believes an applicant will suffer "irreparable harm" if its request is not immediately granted. The shadow docket is where the Court rules on procedural matters, such as scheduling and issuing injunctions. It is also used for consequential rulings, especially for requests by the Department of Justice for emergency stays of lower-court rulings. The shadow docket has been criticized for various reasons, including for bias, lack of transparency, and lack of accountability. The term "shadow docket" was coined in 2015 by William Baude. Shadow docket cases are sometimes controversial, and the Court’s handling of these hot-button disputes has changed dramatically because of a shift in the Courts composition. The shadow docket process is a faster route to a decision, and it enables the high court to quickly resolve administrative-type requests from lower courts. Shadow docket case opinions, court orders, and changes in stays and injunctions have been issued in the middle of the night. The typical order on the shadow docket is not signed, has no explanation, and no rationale.