Which Higher Ed Cases Will SCOTUS Take On?

"As the Supreme Court begins its new term this week, legal experts predict that higher education will be a frequent subject for the justices. Yet only two college-related cases-both of which center on transgender rights-are currently listed on the main docket. That's in large part because of a less formal but increasingly popular second list of cases known as the shadow docket. Historically, the shadow docket, also called the emergency docket, was used on rare occasions for just that-emergencies."

"Normally, it can take months for a case's petition to be processed, and then once a case is on the docket it can take even longer for it to be heard and ruled upon. This leaves the parties directly involved-and all who may be affected by the decision-time to prepare and create contingency plans for the potential outcomes. But when the shadow docket is used, cases can be introduced and receive a ruling in a matter of weeks, if not days, often without any explanation."

Only two college-related cases currently sit on the main Supreme Court docket, both focused on transgender rights. A separate, less formal shadow docket has grown from rare emergency use into a frequently used route over three administrations. The shadow docket permits rapid interim rulings without full briefings, oral arguments, or written opinions, often issuing decisions in days or weeks with little or no explanation. This accelerated process reduces preparation time for parties, increases unpredictability for institutions, and has already affected matters such as federal research funding and Department of Education staffing disputes.

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