Social and Behavioral Sciences Commons^™

Ruling In The Shadows: Analysis Of The Supreme Court’S Use Of The ‘Shadow Docket’ And Its Effects, Emilee Smart

Theses and Dissertations--Political Science

The recent increased use of the shadow docket has left the public and scholars with unanswered questions about how procedures influence outcomes and behavior. Many of these shadow docket cases have been petitioned to the justices as emergencies in very important policy areas such as immigration, abortion, elections, and transgender rights. I collect a large dataset of all outcomes of the Supreme Court's shadow docket from 2010-2022. I examine the language the justices use to justify their decisions made using alternate procedures. I find unique differences in the justifying behavior of the justices as well as significant differences in the …