House Panel Ponders Reforms To Justices' 'Shadow Docket'

Law360 (February 18, 2021, 10:20 PM EST) -- A recent uptick in unsigned, dead-of-night rulings by the U.S. Supreme Court on divisive issues prompted House lawmakers from both parties Thursday to search for ways to bring more transparency to the justices' so-called shadow docket.

In a virtual hearing, members of a House Judiciary subcommittee questioned experts about possible legislative reforms or practical solutions that would reduce the justices' reliance on the "shadow docket," a name for the cases that don't go through the Supreme Court's normal process of public arguments and signed merits opinions.

The shadow docket has drawn increasing scrutiny in the years since constitutional scholar William Baude...

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