https:\/\/reason.com\/2025\/10\/14\/is-the-supreme-courts-shadow-docket-causing-a-judicial-crisis\/?nab=1<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"“Why does Trump keep winning these preliminary emergency requests before SCOTUS? Unfortunately, we do not always know why because the Court does not always say why. Many of these emergency orders\u2014which critics often call the shadow docket\u2014are issued without an accompanying opinion that explains the Supreme Court’s thinking.<\/p>\n
…<\/p>\n
As The New York Times put it, “more than three dozen federal judges have told The New York Times that the Supreme Court’s flurry of brief, opaque emergency orders in cases related to the Trump administration have left them confused about how to proceed in those matters and are hurting the judiciary’s image with the public.”<\/p>\n
Moreover, according to the same Times article, it is not just liberal judges doing the complaining <\/p>\n
…<\/p>\n
Whenever the Trump administration asks the Supreme Court to issue this sort of emergency order in its favor, the justices are basically forced to grapple with the following questions: Is it better in a particular case to let the president carry out his contested agenda right away? Or is it better in a particular case to keep the president’s contested agenda on a temporary pause while the courts\u2014after full briefing and arguments, including oral arguments before SCOTUS\u2014have determined that the agenda does in fact pass constitutional or statutory muster?<\/p>\n
The Supreme Court’s current majority does seem to think that it is generally better to let Trump’s agenda speed ahead. But even if that pro-executive approach is the correct one\u2014which is a pretty big if\u2014the majority is not doing itself any favors by keeping its pro-executive reasoning to itself.”<\/p>\n
https:\/\/reason.com\/2025\/10\/14\/is-the-supreme-courts-shadow-docket-causing-a-judicial-crisis\/?nab=1<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[790,221,1489,1213,1442,528,170],"class_list":["post-19996","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-courts","tag-donald-trump","tag-judges","tag-judiciary","tag-shadow-docket","tag-supreme-court","tag-trump"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/19996","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19996"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/19996\/revisions"}],"predecessor-version":[{"id":19997,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/19996\/revisions\/19997"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19996"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19996"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19996"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}