Transparency

When Justice Looks Away On January 7, 2026, ICE agent Jonathan Ross shot and killed Renee Good, a 37-year-old American citizen, on a Minneapolis street. The shooting was captured on video. Within days, the Department of Justice announced it would not investigate whether Ross violated Good’s civil rights. Instead, the DOJ launched investigations into Good’s widow, Minnesota’s governor, and the Minneapolis mayor. ...

The Numbers Don’t Lie There’s a difference between a conservative court and a partisan one. A conservative court applies consistent principles regardless of which party benefits. A partisan court shifts its reasoning to serve one party’s interests. The shadow docket proves which kind of court we have. ...

Democracy Dies in the Shadows The Supreme Court’s “shadow docket”—emergency orders issued without full briefing, oral argument, or signed opinions—has become a weapon for dismantling rights and enabling executive overreach. Between 2017-2021, the Trump administration filed emergency applications at unprecedented rates, and the conservative majority granted them with alarming frequency. ...

The United States Is the Outlier Among established democracies with independent judiciaries and strong rule of law, the United States stands virtually alone in granting supreme court justices lifetime appointments with no mandatory retirement age. Every other comparable democracy has recognized what America refuses to acknowledge: unlimited judicial tenure concentrates too much power in too few hands for too long. ...

Two Justices, Millions in Gifts, Zero Consequences In December 2024, after 20 months of investigation, the Senate Judiciary Committee released a devastating 95-page report documenting what it called an “ethical crisis at the Supreme Court.” The findings were damning: Justice Clarence Thomas “accepted lavish gifts from billionaires with business before the court for almost his entire tenure as a justice,” with gifts of a “number, value, and extravagance” that have “no comparison in modern American history.” ...

The Only Court in America Without Enforceable Ethics Rules Here’s a fact that should shock every American: The Supreme Court’s nine justices are the only federal judicial officers who are not subject to a specific and binding code of ethics. Every other federal judge in America—from district courts to circuit courts of appeals—faces enforceable ethical rules and potential discipline for violations. All fifty state supreme courts subject their justices to ethics reviews with real consequences. ...

The Winning Streak Breaks On December 20, 2025, the Supreme Court delivered something extraordinary: a loss for the Trump administration. The Court rejected the administration’s emergency request to block a lawsuit challenging its “gag rule” on immigration judges—a policy that categorically forbids judges from speaking publicly about immigration or the agency that employs them, even in their personal capacity. ...

The United States Is Alone When defenders of the Supreme Court’s current structure argue that reform would be “radical” or “unprecedented,” they’re counting on Americans not knowing how other democracies structure their highest courts. The truth? The United States is a global outlier—and not in a good way. Among major democracies, the United States is alone in providing life tenure for members of its highest court. Alone in having no mandatory retirement age. Alone in having no enforceable ethics code with real consequences. ...

When Words Ring Hollow Chief Justice John Roberts released his annual year-end report on the federal judiciary, and it’s a remarkable document—not for what it says, but for what it so carefully avoids saying. Roberts chose to focus on Thomas Paine’s “Common Sense” and the Declaration of Independence, waxing eloquent about America’s founding principles and the judiciary’s sacred duty to decide cases “faithfully and impartially.” It’s a beautiful sentiment. It’s also utterly disconnected from the reality of the Supreme Court he leads. ...

Introduction: The Court Behind the Curtain When most people picture the Supreme Court, they imagine a scene of profound formality: nine justices in black robes, listening intently to oral arguments in a marble chamber, later handing down lengthy, reasoned opinions that will be studied for generations. This is the public face of American justice, a symbol of deliberation and transparency. Yet, this image represents only a tiny fraction of the Court’s work. According to University of Chicago Professor Will Baude, over 99% of the Court’s rulings are issued without any of these formalities on what he termed the “shadow docket.” For most of its history, this docket handled routine, uncontroversial matters. Today, it has become the center of intense national debate. ...