The New York Times published "The Shadow Papers," an investigation based on confidential memos from Supreme Court justices revealing the internal reasoning behind a 2016 ruling that halted President Barack Obama's Clean Power Plan. The documents provide unprecedented insight into the court's emergency docket, where justices issue consequential rulings with scant public explanation.

Law professors are divided on the significance. Will Baude, who coined the term "shadow docket" in 2015, argued the memos largely confirmed what careful observers already suspected. But Steve Vladeck, author of a 2023 book on the shadow docket, said the papers exposed "remarkably impoverished" deliberations — just a brief exchange of memos over five days with no in-person meetings.

The memos portray Chief Justice John Roberts as a behind-the-scenes strategist actively working to block the Clean Power Plan. Georgetown law professor Lisa Heinzerling noted the documents show Roberts was the "cheerleader for and architect" of the court's unprecedented approach. The justices have not responded to questions and issued no statements since publication.