On the recordOctober 4, 2021
He has asked me to carry on for a little bit here. Back to my statement. These are among the momentous issues on the Court's merits docket this term. But the Court has been also very active on another docket, the ``shadow docket.'' Most are not familiar with that term and don't know what it means. We learned in the Senate Judiciary Committee. It refers to decisions issued by the Supreme Court outside of the regular routine merits docket. These decisions are often rendered on a very short timetable without full briefing, public deliberation, detailed explanation, or signed opinions. Historically, shadow docket orders were mostly noncontroversial. They typically involved routine or procedural questions, such as establishing deadlines for parties to file briefs. But that has changed in recent years. Not only have the orders from the Supreme Court shadow docket become more substantive and controversial, they have also been taking an increasingly clear, ideological bent. Consider the weeks leading up to the start of this new October term. The Court's conservative majority used the shadow docket to block the Biden administration's COVID eviction moratorium and to reinstate the Trump administration's cruel ``Remain in Mexico'' policy that, unfortunately, blocked families and children fleeing persecution. The Court's majority also used the shadow docket last month to allow Texas law S.B.…





