Shadow docket decisions: Why the U.S. Supreme Court seems to be moving so fast on so much

WASHINGTON -- Traditionally, the process of getting an opinion from the U.S. Supreme Court takes months and those rulings are often narrowly tailored. Emergency orders, especially during the court's summer break, revolve around specific issues, like individual death penalty cases.

"My memory is, typically, if the Supreme Court was acting in July and August, it was really that quintessential emergency appeal, dealing with something like a death penalty situation. It wasn't like: What is immigration law going to be in our country? It wasn't: Will tenants have certain rights? It wasn't the big substantive questions," said Jessica Levinson, a professor at Loyola Law School.Participants petition the court to hear cases.

The overall process is deliberative and one where the justices justify their conclusions in somewhat lengthy written legal opinions. The process between oral argument and issued opinion takes months.The shadow docket, a phrase coined by University of Chicago Law School professor William Baude, skips many if not all of those steps. The biggest element: It does not possess the transparency and disclosure of a typical docket.

And this past week, the court allowed a new Texas law to go forward that bans most abortions in the state and is the biggest curb to the constitutional right to an abortion in decades, despite the fact the justices said there are serious questions about the constitutionality of the law.

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