The Secret Origins of the Supreme Court’s Shadow Docket

2026-07-08

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More To The Story: Last month, the Supreme Court issued a number of landmark opinions involving transgender rights, campaign finance, executive power, and immigration. Those decisions were issued in the traditional way many of us recognize: pages and pages of arguments and citations, with each justice on the record voting yea or nay. But over the last decade, the court—led by Chief Justice John Roberts—has increasingly relied on a fast-track way of making decisions that was once rarely used. It’s known as the shadow docket. Few reporters have done more to shine light on the s...

More To The Story: Last month, the Supreme Court issued a number of landmark opinions involving transgender rights, campaign finance, executive power, and immigration. Those decisions were issued in the traditional way many of us recognize: pages and pages of arguments and citations, with each justice on the record voting yea or nay. But over the last decade, the court—led by Chief Justice John Roberts—has increasingly relied on a fast-track way of making decisions that was once rarely used. It’s known as the shadow docket. Few reporters have done more to shine light on the shadow docket than New York Times investigative journalist Jodi Kantor. Along with her colleague Adam Liptak, Kantor recently published a number of previously undisclosed memos detailing the shadow docket’s unprecedented expansion under the Roberts court. On this week’s More To The Story, Kantor talks to host Al Letson about what’s driving the Roberts court to bypass the traditional ways of issuing decisions and how that’s affecting public trust in the court. Plus, Kantor looks back at her Pulitzer Prize–winning reporting on sexual abuse allegations against Harvey Weinstein that helped set off the #metoo movement and argues that obituaries for the movement almost 10 years later are dead wrong.

Read: This Is All John Roberts’ Fault (Mother Jones)

Listen: Why Conservatives Are Trying to Kill the Voting Rights Act (More To The Story)

Read: The Inside Story of Five Days That Remade the Supreme Court (The New York Times)

Read: She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement (Penguin Books)

Read: How to Start: Discovering Your Life’s Work (Little Brown and Company)