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New report reveals conversations that led to the Supreme Court's emergency docket

This June 29, 2021, file photo shows the U.S. Supreme Court on Capitol Hill in Washington. (J. Scott Applewhite/AP)
J. Scott Applewhite/AP
This June 29, 2021, file photo shows the U.S. Supreme Court on Capitol Hill in Washington. (J. Scott Applewhite/AP)

The Supreme Court has been criticized for its use of what some have labelled the “shadow docket,” when the court takes a quick, temporary action on a fast-tracked case, with little explanation.

The New York Times reports on the inner debate among justices over this practice, back when it started in 2016.

Here & Now‘s Scott Tong speaks with Adam Liptak, chief legal affairs correspondent of The New York Times.

This article was originally published on WBUR.org.

Copyright 2026 WBUR

Here & Now Newsroom