S2, E18: Lurking In The Shadow (Docket)
Feb 19, 2021•17 min•Transcript available on Metacast Episode description
The past week saw Congress' first-ever hearing on the U.S. Supreme Court's so-called shadow docket, the justices' late-night, unsigned orders on weighty legal questions that don't go through their normal process of public deliberation. On this week’s episode of The Term we unpack a few recent shadow docket rulings and recap some of the notable moments from the hearing, including criticisms that the process lacks transparency and leads to lower court confusion.