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

WBUR | By Here & Now Newsroom
Published April 20, 2026 at 9:04 AM PDT
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