Retired Supreme Court Justice Stephen Breyer and former Judge Michael McConnell have weighed in on the controversy surrounding the "shadow docket," a term used to describe the Supreme Court's practice of issuing emergency rulings outside of its regular schedule. Despite growing criticism from some quarters, both Breyer and McConnell have expressed skepticism about the idea that the shadow docket is being used to advance a partisan agenda. Breyer, in particular, has suggested that the shadow docket is simply a necessary tool for the Court to respond to urgent and time-sensitive matters, while McConnell has argued that the criticism is overblown and driven by a misunderstanding of the Court's procedures. As the debate over the shadow docket continues to rage, the views of these two respected jurists offer a nuanced perspective on the issue.
A retired liberal justice does not credit the shadow docket hysteria, nor does former Judge Michael McConnell
