In recent months, the country has seen the rise of the so-called shadow docket. For the uninitiated, this refers to a series of decisions from the U.S. Supreme Court reaching a significant ruling, often on a controversial issue, at the preliminary stage of injunctive relief.

This has the effect of resolving hot-button legal and policy issues without the general slog of briefing and oral argument.

Originally published by Law360 - April 4, 2022.