commentary The Supreme Court's shadow docket shows the conservative justices fear debate Published April 22, 2026 6:45AM (EDT) Chief Justice John Roberts (Shawn Thew-Pool/Getty Images) One would think, in order to rise to the level of a Supreme Court justice, it would behoove a person to be fond of a rigorous debate. Not so with John Roberts , who is no less than the Grand Poobah of the berobed arbiters of constitutionality. A devastating recent report from the New York Times has exposed how the chief justice led the way to the escalating abuse of the shadow docket, a Court power once reserved for emergencies but that is now the primary tool of the institution’s conservative justices to evade having to debate or even explain their decisions in a lengthy and reasoned ruling available for all to examine.…