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- What is the shadow docket on the Supreme court? Well, effectively there are two different dockets or lists of cases before the Supreme court. There are the merits cases on the merits docket, where the court will entertain extensive briefing. The parties will come in and have oral argument before the court, and then they will issue a long opinion agreeing with one party and disagreeing with another party. Thats the normal process, the merit stock. And then there is the shadow docket, which is largely made up of cases that are asking for emergency relief from the court. Theyre saying that they cant wait for a mayors decision. So they ask for an emergency temporary restraining order or an injunction from the Supreme court often in these kinds of cases, that emergency relief is the whole ball game. So if youre dismissing this thing and not granting the emergency relief, then theres no point in going forward on a merits decision. As of the last four years, the Supreme court has be