Shadow Docket

The shadow docket (or non-merits docket)[1][a] refers to motions and orders in the Supreme Court of the United States in cases which have not yet reached final judgment,[b] decision on appeal, and oral argument. This especially refers to stays and injunctions (preliminary relief), but also includes summary decisions and grant, vacate, remand (GVR) orders. The phrase "shadow docket" was first used in this context in 2015 by University of Chicago law professor William Baude. https://en.wikipedia.org/wiki/Shadow_docket

• The shadow docket is a break from ordinary procedure. Such cases receive very limited briefings and are typically decided a week or less after an application is filed. The process generally results in short, unsigned rulings. On the other hand, merits cases take months, include oral argument, and result in lengthy opinions detailing the reasoning of the majority and concurring and dissenting justices, if any.
• The shadow docket is used when the Court believes an applicant will suffer "irreparable harm" if its request is not immediately granted. Historically, the shadow docket was rarely used for rulings of serious legal or political significance. However, since 2017, it has been increasingly used for consequential rulings, especially for requests by the Department of Justice for emergency stays of lower-court rulings. The practice has been criticized for various reasons, including for bias, lack of transparency, and lack of accountability.
• Use of the shadow docket for important rulings has increased precipitously since 2017.[10][22] This coincided with the first presidency of Donald Trump, when the Department of Justice sought emergency relief (generally to stay lower court rulings against its executive actions[23]) from the Supreme Court at a far higher rate than had previous administrations, filing 41 emergency applications over Trump's four years in office (by comparison, over the prior 16 years the Obama administration and the Bush administration together filed only eight emergency applications)
• Following Trump's departure from office, the Court has made rulings against the Biden administration, putting an end to a federal eviction moratorium and nullifying the White House's attempt to end the Remain in Mexico policy. The latter was decided in an order two paragraphs long.[25] In September 2021, the shadow docket gained more prominence after the Court declined to block the Texas Heartbeat Act from being enforced and decided some technical matters concerning how it could be challenged in Whole Woman's Health v. Jackson.