Just a "We have so determined..."
https://en.wikipedia.org/wiki/Shadow_docket
The shadow docket (or non-merits docket)[1][a] refers to motions and orders in the Supreme Court of the United States in cases which have not yet reached final judgment,f decision on appeal, and oral argument. This especially refers to stays and injunctions (preliminary relief), but also includes summary decisions and grant, vacate, remand (GVR) orders. The phrase "shadow docket" was first used in this context in 2015 by University of Chicago Law professor William Baude.
The shadow docket is a break from ordinary procedure. Such cases receive very limited briefings and are typically decided a week or less after an application is filed. The process generally results in short, unsigned rulings. On the other hand, merits cases take months, include oral argument, and result in lengthy opinions detailing the reasoning of the majority and concurring and dissenting justices, if any.
The shadow docket is used when the Court believes an applicant will suffer "irreparable harm" if its request is not immediately granted. Historically, the shadow docket was rarely used for rulings of serious legal or political significance. However, since 2017, it has been increasingly used for consequential rulings, especially for requests by the Department of Justice for emergency stays of lower-court rulings. The practice has been criticized for various reasons, including for bias, lack of transparency, and lack of accountability.
Terminology
The term "shadow docket" was coined in 2015 by William Baude,[2] who wrote:
Outside of the merits cases, the Court issued a number of noteworthy rulings which merit more scrutiny than they have gotten. In important cases, it granted stays and injunctions that were both debatable and mysterious. The Court has not explained their legal basis and it is not even clear to what extent individual Justices agree with those decisions. ... As the orders list comes to new prominence, understanding the Court requires us to understand its non-merits work – its shadow docket.[3]: 3–4, 5
— "Foreword: The Supreme Court's Shadow Docket", New York University Journal of Law & Liberty (January 2015)
The term has been used by some justices themselves, with Justice Elena Kagan calling the Court's "shadow-docket decision-making" "every day becom[ing] more unreasoned, inconsistent, and impossible to defend" in a dissent to a denial of an application for injunctive relief in the case Whole Woman's Health v. Jackson (2021).[4] The phrase itself has been criticized by Justice Samuel Alito, who called it "sinister" in a university speech and saying it was "used to portray the court as having been captured by a dangerous cabal that resorts to sneaky and improper methods to get its ways",[5] and by senators, with Ted Cruz, a former solicitor general of Texas, saying: "Shadow docket, that is ominous. Shadows are really bad, like really, really bad".[6]
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