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

Former Maryland Governor Larry Hogan, speaks to the press after the Maryland Senate debate in Maryland.

Why Larry Hogan’s long-odds bid for a Senate seat matters

He offers conservatives a pragmatic path beyond Trumpism

Democratic suppporters at the campaign trail for Vice President Harris, Pittsburgh, USA.

Polarisation by education is remaking American politics

The battle for Pennsylvania is a test case for new coalitions of Democrats and Republicans



Hurricane Milton inundates Florida

Three factors laid the ground for its destructiveness

Shirley Chisholm is still winning

The first black woman to run for president taught a lesson in making political change

US election forecast: who will control the House of Representatives?

Our prediction model assesses each party’s chance of winning the chamber