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The Daily

The Rise of the Supreme Court’s So-Called Shadow Docket

The Daily

The New York Times

Daily News, News

4.4102.8K Ratings

🗓️ 15 September 2025

⏱️ 26 minutes

🧾️ Download transcript

Summary

The Supreme Court has cleared the way for President Trump to remake American government, siding with the president again and again. But many of those rulings have lacked something fundamental: an explanation for why the most important judges in the country came to their decision. Adam Liptak, who covers the Supreme Court for The Times, explains the justices’ increased use of the so-called shadow docket, and why it has sown confusion — and in some cases frustration — in courts around the country.

Transcript

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0:00.0

Hey there, it's Rachel. I want to take a quick second to tell you about a fun little project that we're working on here at The Daily. It's something that we'll share later on as a bonus episode for New York Times subscribers, and the idea is really simple. We want to talk to our fascinating, incredible colleagues here at the New York Times about who they are and how they do their jobs.

0:21.9

And as part of that, we want to take questions from you, our listeners. We're going to start with

0:27.7

games, wordle, connections, the crossword, the things so many of us do every single day. We're starting

0:34.7

with the actual people who actually make those games.

0:38.2

So what are your questions?

0:39.6

Do you want to know what the Wordel editor thinks of your starting word?

0:42.6

Do you want to know how they come up with a new game?

0:45.0

Do you want to know if they ever cheat?

0:46.9

Whatever your question is, you can send it to us by recording a voice memo and emailing it to daily subscribers at NYTimes.com.

0:55.2

Okay, here's the show.

0:58.2

From the New York Times, I'm Rachel Abrams, and this is The Daily.

1:05.8

The Supreme Court has cleared the way for President Trump to remake American government,

1:15.0

siding with the president over and over again.

1:18.1

But many of these rulings lack something fundamental, an explanation for why the most important

1:24.2

judges in the country came to their decision.

1:28.1

Today, my colleague Adam Liptack

1:30.5

explains why the rise of the so-called shadow docket

1:33.6

has sown confusion

1:35.0

and in some cases frustration

1:37.1

in courts around the country.

1:44.1

It's Monday, September 15th. It's Monday, September 15th.

1:47.0

Adam, I think that when most people think of the Supreme Court, they imagine oral arguments and lawyers standing in front of justices, making impassioned cases for their clients,

...

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