have mentioned previous how much o' a concern the shadow docket proliferation is:
(from a may 2021 post)
however, our biggest concern regarding the current Court has gone complete under the radar: the shadow docket.
To get on the shadow docket, any litigant can apply to a single justice, who decides whether to forward the dispute to the full court. Five votes among the nine justices are needed to grant a request. No oral arguments are made but opposing attorneys can file briefs in opposition. To be granted, the request must meet certain criteria, including that the applicants would suffer “irreparable harm” if it is not granted.
The public generally sees the court as sorting out matters of national importance through extensive briefing, oral arguments and lengthy rulings that explain the law. But the number of substantive shadow docket decisions rose dramatically during the Trump administration. In those four years, the government filed shadow docket applications at 20 times the rate of each of the two previous eight-year administrations. The high court granted the government’s requests in a majority of cases.
https://www.reuters.com/article/legal-us-usa-court-shadow-video/the-shadow-docket-how-the-u-s-supreme-court-quietly-dispatches-key-rulings-idUSKBN2BF16Q
with acb's arrival those shadow docket cases is occurring at an increased rate and a majority is being decided 5-4 or 6-3, with no written explanation as to why the Court barred State action, granted relief or even executed a human being for all practical purposes. rulings just kinda happen and most don't know what is taking place or accept meekly the new norm the majority is establishing.
...
am personal a textualist who +90% o' the time were in agreement with J. Scalia, but this Court is...
is no real majority decision here precise 'cause is shadow docket, but Kavanaugh, in a footnote no less, recognized that either side might win if fully argued, which should put the burden on AL and as such complete undermines the granting o' a freaking stay.
most liberals is gonna be enraged 'cause it looks like the Court is trampling voting rights, but this were inevitable as soon as the majority swung right. we tried to warn you all that the Courts which were rejecting trump campaign election lawsuits were gonna be supporting State efforts to marginalize minority voters using many o' the same arguments, so am not the least bit surprised save to note that J. Roberts, who has been 'bout as adversarial towards individual voting rights and fed limits on State efforts to undermine minority voters, is joining the more liberal Justices in dissent. you got no idea how extreme the infractions has gotta be for Roberts to join with Sotomayor on a voting rights case. even so, IF this case had gone through the normal process o' argument the offer o' a written opinion, we would woulda' predicted an AL win. saw this coming.
however, and more concerning, this is yet another shadow docket case which diminishes the Constitutional Rights o' Americans w/o even the offer o' a majority opinion and even Gromnir who were early to raise alarms on this issue is surprised by how common is the occurrence o' what were once considered exceptional. this case is gonna get national attention, but media is gonna focus on the voting rights aspect. Americans got no idea how much o' a paradigm shift is the current exploitive use o' the shadow docket, and is no reason they should be concerned with the issue getting so little attention save from a handful o' con law honks. the freaking Court is arguable going rogue and they is able to do so in plain sight with hardly anybody noticing? am admitted surprised and inching towards genuine alarm.