Justice Alito Shadowboxes With Shadow Docket Critics
The credibility of the Supreme Court depends on the confidence of the people in the courts' ability and commitment to rule fairly and impartially. That means the court must do its most significant work out in the open where the people can see it. Whether ruling on the right to abortion, the right to vote, or any other issue at the center of our lives,
October 06, 2021 at 06:38 PM
5 minute read
CommentaryLast Thursday, Justice Samuel Alito visited Notre Dame Law School to deliver remarks responding to criticism of the Supreme Court issuing substantive orders in major cases through its emergency docket, rather than through its typical, more deliberative process of full briefing and oral argument. In what has come to be known as its so-called shadow docket, the court's emergency procedures operate largely behind closed doors. The results mostly lack the detailed explanation about the court's decision-making process.
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