There are several things that have been added to the shadow docket without actually being brought before the court officially. The shadow docket was originally for emergency rulings on things that needed to be cleared up. But it has almost always been abused by the majority, whether the majority has been liberal or conservative, to add things to the courts docket that have not officially been brought to the court. And because the court alone dictates the shadow docket and does not have to publicly disclose it, they can pretty much get away with it whenever they want