On Demand

Essentials

Scotus Review: Spotlight on the Shadow Docket

1h 1m

Created on August 16, 2022

Beginner

CC

Overview

Join experienced constitutional practitioners Ameer Benno and Erica Dubno for a discussion of the Supreme Court's mysterious "Shadow Docket" -- where the Court takes emergency action and decides important issues on procedural grounds, often without formal briefing, oral argument, or any determination on the merits.

Ameer and Erica will address the history and procedures of this arcane expedited process, which is now being used with increasing frequency to dispense with controversial matters of national import. They will also discuss several hot button issues recently addressed through the Shadow Docket including immigration, redistricting, the COVID-19 eviction moratorium, and abortion. 


Learning Objectives:
 

  1. Learn about the history and procedural path of cases on the Supreme Court's Shadow Docket
  2. Understand the approaches of individual Supreme Court Justices
  3. Learn about recent cases decided through the Shadow Docket
  4. Determine possible consequences of the summary decisions and their impact on significant constitutional issues



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