United States | In the shadows

Many of the Supreme Court’s decisions are reached with no hearings or explanation

The nine justices are making more and more use of the “shadow docket”

|NEW YORK

IN FIVE WEEKS the Supreme Court will return from its summer break to hear a batch of new disputes, including clashes over abortion and guns. After scrutinising briefs from litigants and amici curiae (friends of the court), the justices will hear oral argument in these cases and—weeks or months later—release opinions explaining why one party won and the other lost. But this methodically adjudicated “merits docket” represents a shrinking proportion of the Supreme Court’s notable business. Although the justices handle about five dozen cases this way each year (down from more than 150 in the 1980s), they dispatch thousands of other legal tangles without fanfare—and often with scant explanation.

This article appeared in the United States section of the print edition under the headline “In the shadows”

Where next for global jihad?

From the August 28th 2021 edition

Discover stories from this section and more in the list of contents

Explore the edition

Discover more

US Vice President Kamala Harris looks shocked.

Could an “October surprise” upset America’s election?

What last-minute developments might portend for the race

Illustration of blue legs crossing a red dotted line.

Donald Trump is preparing an assault on America’s immigration system

The third in our series of policy briefs


Illustration of scissors cutting a Tax paper in half. The scissors are red and the paper is blue.

What America’s presidential election means for taxes

The second in our series of policy briefs


The Supreme Court begins another contentious term

Guns, vapes, online porn and health care for transgender youth dot the docket

What America’s presidential election means for world trade

The first in a series of eight concise briefs on the consequences of the 2024 election

Checks and Balance newsletter: gender politics in the election 

Both parties are telling very different stories about gender