The Honorable John G. Roberts, Jr.
Chief Justice of the United States Supreme Court of the United States
1 First Street, NE
Washington, DC 20543

 

September 19, 2025

Dear Chief Justice Roberts,

I am writing to respectfully express my deep and growing concern regarding the Supreme Court’s increasing use of the “shadow docket.” The expansion of this procedural shortcut to address major legal and social issues, which would traditionally be heard through the regular docket, is a troubling departure from the deliberative process that is a hallmark of this institution.

The "shadow docket" has operated with a concerning lack of transparency. Orders issued through this avenue are often unexplained and are made without the benefit of full briefing, oral argument, or the detailed, written opinions that provide crucial legal reasoning. This opacity gives the appearance of decisions being made in haste and without full consideration, which can, in turn, undermine public trust in the Court as an impartial arbiter of justice and provide the appearance of decision made for purely political reasons.

Furthermore, the lack of well-reasoned opinions from the shadow docket creates a significant challenge for lower courts. Without clear and consistent legal guidance, judges are left to interpret these terse orders, which can lead to confusion and inconsistency in the application of the law. This uncertainty not only complicates judicial administration but also fails to provide the stable legal framework that the American public and the legal community depend on.

The regular docket's process of full briefing and open deliberation is essential for upholding the rule of law and ensuring the predictability of our legal system. I respectfully urge the Court to return to this traditional practice for all but the most truly exigent of circumstances.

Sincerely,

 

[signed]