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# What is the Shadow Docket?

## Understanding the Supreme Court’s Two Different Dockets
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. That’s the normal process, the merits docket.

## The Shadow Docket
Then, there is the shadow docket, which is largely made up of cases that are asking for emergency relief from the court. They’re saying that they can’t wait for a merits 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. If the emergency relief is not granted, there’s no point in going forward on a merits decision.

## Recent Trends
Over the last four years, the Supreme Court has been using the shadow docket to dispose of cases without having any precedential effect and often with no opinion whatsoever. There is no explanation of why they held the way that they held, and that’s probably not good for anyone.

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