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Supreme Court’s ‘shadow docket’ brings hasty decisions with long-lasting implications, outside of its usual careful deliberation

  • Written by Wayne Unger, Associate Professor of Law, Quinnipiac University
Supreme Court’s ‘shadow docket’ brings hasty decisions with long-lasting implications, outside of its usual careful deliberationThe U.S. Supreme Court is being criticized for decisions that are made quickly and outside of public view.Al Drago/Bloomberg via Getty Images

The recent publication of confidential Supreme Court memoranda by The New York Times has brought to light a pivotal moment in the court’s history. “The birth of the Supreme Court’s shadow...

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