Trump leans on SCOTUS shadow docket more than Biden, Obama and Bush combined
President Trump's administration on Monday filed its 41st application to the Supreme Court's shadow docket , a milestone that matches the total number of petitions it filed during his entire first term — in less than two years. Why it matters: The record highlights how often the president has turned to SCOTUS to secure authority to temporarily revive policies blocked by lower courts. What they're…
President Trump's administration has submitted its 41st emergency request to the Supreme Court's shadow docket, matching the combined number of petitions filed by the Biden, Obama, and Bush administrations over their respective terms. Stephen Spaulding, managing director of the Kohlberg Center at the Brennan Center for Justice, noted that this level of usage is unprecedented.
The shadow docket, intended for genuine emergencies, is being misused to address non-urgent issues, according to Spaulding. The administration's latest application seeks to reinstate a policy limiting gender-affirming care for incarcerated transgender individuals, which was halted by a U.S. District Judge. Critics argue that the frequent use of the shadow docket undermines the court's credibility, especially as its approval ratings are at record lows.
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