- For the first time in modern history, the Supreme Court's 'shadow docket' decisions (63 orders) outnumbered its traditional merits docket decisions (56 orders) in the term ending October 2025.
- Shadow docket cases are emergency rulings made with limited briefings, no oral arguments, and few signed opinions, often lacking explanations or legal precedent, which has increased under Chief Justice John Roberts.
- The Supreme Court has frequently used the shadow docket to support Trump administration policies, such as allowing immigration detentions and limiting nationwide injunctions, raising concerns about political bias and judicial transparency.
- Emergency applications referred for a full court vote have risen sharply, with the Trump administration filing 32 petitions in 2025 alone, compared to 8 total for the Obama and Bush administrations over 16 years.