The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

The Supreme Court's Dockets–Shadow and Otherwise


On Wednesday I will be testifying before the Presidential Commission on the Supreme Court of the United States, and the topic for the hearing is "Case Selection and Review at the Supreme Court." If you'd like to read my written testimony, which addresses the Court's regular docket and what's called the "shadow docket," you can find it here.

The first part of the testimony is about the smaller number of cases in the Court's regular docket, and how that fact interacts with views of precedent and the judicial role.

The second part of the testimony is about the larger number of high-profile cases in the Court's shadow docket, and how we should think about the criticisms of the shadow docket. If this is the kind of thing you like, you'll like it.