We the People: John Marshall and the Need for Judicial Transparency

Whatever you think about the U.S. Supreme Court’s controversial, 5-4 midnight ruling on the Texas statute forbidding most abortions in the state, one thing is clear: the Court bears, in the name of accountability, the great responsibility of explaining its reasoning to the American people.

The Court’s reliance on the “shadow docket,” a historic practice of ruling on emergency petitions, to uphold...