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Jeremy Telman's avatar

Great stuff, and an additional reason why Will’s original category for these matters, “shadow docket,” has staying power

Howard Bashman's avatar

Yes, the U.S. Supreme Court's website is more confusing than it should be when it comes to finding orders and opinions relating to orders, but perhaps not as confusing as this post contends.

The example of Trump v. Illinois (issued 12/23/25) is typical, in that the order of the court precedes the separate opinions concurring in and dissenting from the order, presented as a single PDF document. The first link to the order (bearing the initials BK for the Kavanaugh concurrence) takes one to the first page of the Court's actual order, while the second and third links take one to the specified dissents, but you can scroll up from there to get to the beginning of the document, which is the Court's order. In other words, all three links take you to the same PDF document, just to different portions of it.

As you note, the A.A.R.P. v. Trump order (issued 4/19/25) was not accompanied by any separate opinions when it originally issued, and so it appeared on the orders page rather than on the opinions relating to orders page. And then when the Alito dissent issued later, it was posted on the opinions relating to orders page, without the original order preceding it (which original order, of course, remained accessible through the Court's orders page).

The one main flaw is not knowing where to look for an order disposing of a so-called shadow docket application in the first instance, if you don't know whether it was accompanied by separate opinions. In retrospect (meaning, once we know how an application was decided), the Court's method of organizing and presenting the orders (whether accompanied or unaccompanied by separate writings) does seem to make sense (at least to me).

Brooks White's avatar

Legalytics on Scotus & Presidential power (12.22.25) qualifies Roberts' current 51% siding with Administration ranking: Shadow docket/EA; procedural interim decisions that effectively are substantive; etc. No so much "calling balls & strikes", as balks without penalty.

Alex Lindvall's avatar

Got a lot of “404 error” messages trying to find that decision yesterday 🙄