An open letter to the U.S. Congress

Overreliance on Shadow Docket and Accountability for Chief Justice John Roberts

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Overreliance on the Shadow Docket and Accountability for Chief Justice John Roberts For the first time in modern history, the our US Supreme Court decided more consequential, high-stakes cases through secret shadow docket votes than through open, argued merits cases. By utilizing unsigned, unreasoned orders issued late at night with little to no legal justification, the Court is bypassing the traditional, transparent appellate process. This overreliance on emergency interventions has thrown the lower courts into turmoil, upended long-standing precedent, and severely damaged public trust in our judicial system. It effectively creates a "Royal Court" operating in the dark, free from accountability. Chief Justice John Roberts bears ultimate responsibility for this systemic degradation. Despite past platitudes regarding institutional integrity, the data reveals that Roberts has referred more substantive cases to this opaque process than any other justice. Congress must assert its constitutional authority. I urge you to pass transparency legislation to regulate emergency orders. It is necessary to open an immediate investigation into Chief Justice John Roberts for his role in abusing the shadow docket, and to pursue articles of impeachment for violating his oath to uphold transparent, equal justice under the law.

▶ Created on July 1 by People Who Value Science

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