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Reason
Reason
Jonathan H. Adler

What Should We Call the "Shadow Docket"?

In today's New York Times, Adam Liptak reports on the emerging debate among commentators and Supreme Court justices about what to call the Supreme Court's docket of requests for emergency or interim relief.

As Liptak notes, this docket was initially coined the "shadow docket" by Will Baude in an article that sought to draw attention to this component of the Court's work, and bring it out of the shadows. Mission accomplished. This aspect of the Court's work is now analyzed and debated.

Now that the "shadow docket" is no longer in the shadows, does it need another name? As I noted here, Justice Kavanaugh thinks it should be called the "interim docket." Liptak reports on what other justices have said.

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