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Trump leans on SCOTUS shadow docket more than Biden, Obama and Bush combined

Trump leans on SCOTUS shadow docket more than Biden, Obama and Bush combined

Summary

President Trump's administration filed 41 requests to the Supreme Court's emergency "shadow docket" in less than two years, matching the total over his entire first term. This is more than the Biden, Obama, and Bush administrations combined, raising questions about how the court uses this emergency process.

Key Facts

  • The shadow docket allows the Supreme Court to make quick decisions before regular appeals finish.
  • President Trump's administration filed 41 emergency requests in less than two years during his second term.
  • The Biden administration filed 19 emergency requests in four years.
  • The Obama and George W. Bush administrations filed a combined total of 8 requests over 16 years.
  • These emergency orders often lack explanation and are unsigned, making it hard for lower courts to understand them.
  • One recent request involved the Bureau of Prisons wanting to stop certain care for transgender inmates.
  • Supreme Court Justices Ketanji Brown Jackson and Elena Kagan have expressed concerns about the frequent use of the shadow docket.
  • Experts worry that overusing this process may reduce public trust in the justice system and democracy.
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