On the recordOctober 4, 2021
I noted that the shadow docket in the Supreme Court was a subject of the Senate Judiciary Committee last week. It is one of those esoteric subjects you wonder if anybody will even notice. We thought it was important enough to talk about it in light of the Texas abortion statute. We noted the fact that in the last 4 years, there were 36 times when the Trump administration asked for the shadow docket to be used. The Court granted 28 of those Trump Justice Department administration requests. In the previous years, under George W. Bush and Barack Obama: 16 years; 8 requests; 4 were granted--4 versus 28 out of 36. You can tell that something is happening in the Court. The day after our hearing, someone happened to notice. That person was Justice Samuel Alito. He made headlines for a speech he gave at Notre Dame Law School criticizing lawmakers--I suppose that is myself and the Presiding Officer--journalists, and scholars who raised concern about the Court's use of the shadow docket. There doesn't appear to be a publicly available transcript or video of the full speech given by Justice Alito, so I ask unanimous consent to have printed in the Congressional Record an article from The Hill newspaper entitled ``Alito bristles over criticism of Supreme Court's `shadow docket'.'' There being no objection, the material was ordered to be printed in the Record, as follows: [From The Hill, Sept.…





