Professor Barry McDonald, "This is the Shadiest Part of the Supreme Court" -- New York Times

Professor Barry P. McDonald's opinion article "This is the Shadiest Part of the Supreme Court," is published in the New York Times. The article examines a problematic aspect of the Supreme Court's shadow docket, which are "cert denials," or denials of petitions for certiorari.

Excerpt from "This is the Shadiest Part of the Supreme Court"

When a new justice is sworn into office, he or she takes two oaths: to be faithful to the Constitution and to impartially administer justice. The unnecessary issuance of cert-denial petitions creates substantial tension with both goals. This part of the court's docket would do well to slip back into the shadows from where it emerged.