Shepardizing the Shadow Docket: Tracing Legal Precedents from 2000-2021

• In Event: Poster Session: Judicial Politics & Federalism and Intergovernmental Relations
  In Poster Session: Poster Session: Judicial Politics

Abstract

The shadow docket has captured the attention of not only the general public but also members of the legal community. By analyzing citations to each of the over 1800 emergency applications between 2000-2021, I can examine which legal elites are focusing on the shadow docket, how their focus has changed over time, and which issue areas are most interesting to them. I show that the shadow docket receives attention from both lower courts and the legal community, and there is an enhanced focus on the First Amendment issue area of religious freedom. I also show that the Supreme Court cites shadow docket decisions in other shadow docket decisions and in written opinions in merits cases. This increased focus on the shadow docket could lead to unintended consequences as lower courts and litigants attempt to navigate a legal landscape shaped by decisions with uncertain foundations.

Author

• Taraleigh Davis, Bradley University