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What the public thinks about the emergency docket

scotusblog.com · 2hShare

This column has generally been about what the emergency docket does: how fast the justices act, how often lower courts cite its orders, who dissents on it and in what form , and where denied litigants go when they refile. This month covers something different. Scholars have measured the docket’s growth. Journalists have covered its biggest orders. Two justices have argued about its legitimacy in public speeches. But what does the public think? In August, I surveyed 1,455 American adults and asked them what they thought about the court deciding cases quickly, without full briefing or oral argument. I did not use the phrase “shadow docket,” “emergency docket,” or “interim docket” in the survey. Here is what I found. What they think it does Before any of these questions, I described the docket the same neutral way every time: the Supreme Court sometimes issues quick decisions on an emergency basis, without full briefing or oral argument. I provided no label or framing beyond that. I then

First report: Trump administration awaits emergency docket decisions — scotusblog.com, 1d