Volume 38
Issue
4
Date
2025

Shadow Docket Ethics

by Jonathan Shelnutt

Lawyers have an ethical obligation to bring the Supreme Court’s shadow docket into the light. Insofar as the shadow docket carries precedential weight, zealous advocates are duty-bound to leverage this precedent for effective representation. Practitioners who seek to improve their arguments should look to the shadow docket. However, the legal foundation for shadow docket precedent is murky, with untested boundaries and an unclear horizon. 

This Note will shed light on the shadow docket by tracing its historical jurisprudence, exploring the contentious state of scholarship, and charting a path forward across the evolving landscape of shadow docket ethics. 

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