Using a dataset of decisions on the shadow docket with dissents between 2010 and 2025, this article presents of picture of coalitions and power distribution outside of the Court’s merits docket.
This is a great job examining data in detail, and makes one thirst for even more granularity. Even though conservative/liberal temperaments persist across the full range of cases SCOTUS deals with, it would be potentially revealing to pull out separate date for criminal cases and, perhaps for civil cases and for cases in which the government is a party. As you look at data more closely, smaller trends may cause larger differences in result. An easy example is Gorsuch's individual sensitivity to Native American causes.
Thanks. The issue area range on the shadow docket is narrower than on the merits docket which should make for interesting clustering. I'm expanding my data to include this and more so stay tuned for a future post on this.
One quick question, though—don’t all these “emergencies” require some sort of explanation or justification just WHY it’s an emergency?
This is a great job examining data in detail, and makes one thirst for even more granularity. Even though conservative/liberal temperaments persist across the full range of cases SCOTUS deals with, it would be potentially revealing to pull out separate date for criminal cases and, perhaps for civil cases and for cases in which the government is a party. As you look at data more closely, smaller trends may cause larger differences in result. An easy example is Gorsuch's individual sensitivity to Native American causes.
Thanks. The issue area range on the shadow docket is narrower than on the merits docket which should make for interesting clustering. I'm expanding my data to include this and more so stay tuned for a future post on this.
A very timely exploration of the shadow docket! Now you must excuse me—steam and noise is coming out of the teakettle … and my ears.