A dangerous Supreme Court decision

Published December 28, 2025 5:00am ET



For years, liberal Supreme Court justices have decried the dangers of what is known as the “shadow docket,” but when it suits their short-term political ends, suddenly the docket is their friend.

In a short three-page decision written with little briefing and no oral argument, a 6-3 majority denied the Justice Department’s request to stay a district court restraining order preventing President Donald Trump from deploying the National Guard in Chicago. The court’s holding is tenuously founded, rushed, and will endanger the lives of federal law enforcement officers.

Already a print subscriber? Click here to login/register your account

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.