In recent years, the Supreme Court has overloaded its “shadow docket” with controversial cases that do not receive the same scrutiny and legal process as a traditional case in front of the court. NYU Law professor Melissa Murray says the courts’ use of the shadow docket has “raised a lot of questions about transparency.” Slate Senior Editor Dahlia Lithwick says that at a time when the Supreme Court struggles with legitimacy, the shadow docket is “the worst possible way to say [the Supreme Court] is a serious entity.”
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