During this podcast, Associate Dean Rodger Citron and Associate Dean Tiffany Graham discuss the Supreme Court’s “shadow docket.”

The Supreme Court’s shadow docket refers to emergency decisions and other orders decided by the Court outside of its merits docket, which refers to cases decided after full briefing and oral argument. In the past few months, the Court has issued orders in a number of important cases on the shadow docket, generating substantial interest in this topic. The phrase “shadow docket” was coined in a 2015 Law Review article by Professor William Baude. (see Foreword: The Supreme Court’s Shadow Docket).

Associate Deans Citron and Graham discuss the increase in significant cases decided on the shadow docket, including the challenge to a recent Texas law restricting access to abortion, and consider the reasons for and criticism of this development.

Brought to you by the Touro Law Review. 

Our guest, Tiffany Graham, is the Associate Dean for Diversity & Inclusion and an Associate Professor of Law at Touro College, Jacob D. Fuchsberg School of Law, where she teaches Constitutional Law.

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