The New York Times has obtained a cache of private memos written by members of the Supreme Court about a crucial 2016 case, which was decided on an emergency basis without full briefing or oral arguments. This is a significant leak as the justices' private papers usually stay private until after their deaths. The papers expose the weakness of the secretive judicial process, which critics have called "the shadow docket". Jan Crawford Greenburg of CBS News reported that Supreme Court Justice Samuel Alito and Justice Clarence Thomas are not planning to retire this year, and that their successor would likely sail through the confirmation process in the Republican-controlled Senate. This news could signal a significant setback for any future Supreme Court nominee from the Democrats in the midterms.