Trump wins big on the Supreme Court's "shadow docket"

Axios

2 days ago

The Supreme Court has handed President Trump a slew of major victories through an abbreviated process that doesn't require full-fledged briefings and arguments — and will likely continue to do so.
The big picture: The court's "emergency docket" has been the focus of its activity in Trump's second term, allowing him to proceed with plans to fire government workers, proceed with mass deportations and ban transgender people from serving in the military.
The court's actions on those issues are all temporary, but even temporary orders are a significant win for Trump, allowing him to implement some of the most controversial parts of his agenda.
How it works: When the Supreme Court agrees to decide a case on the merits, it typically asks both parties to file written briefs articulating their legal theories.
It invites outside experts and organizations to file their own "friend of the court" briefs, which can raise additional points; and holds oral arguments before the justices decide how they'll rule.
The emergency docket, also known as the shadow docket, is designed for questions that need a faster answer. It's often used, for example, by inmates requesting a stay of execution (which the justices almost always deny).
A growing number of political issues, though, are also finding their way onto the emergency docket, and some critics argue that the court is using the process to decide bigger questions than that process was designed to resolve.
Orders on the emergency docket aren't rulings on the merits of a particular policy. They usually determine whether a policy can go into effect, not whether it's legal.
Because they're not full-fledged rulings that lower courts need to rely on when interpreting the law, there's no majority opinion to explain the court's thinking, or even a definitive tally of which justices agreed with the order.
Where it stands: Lower courts have handed down scores of orders that temporarily block Trump from implementing parts of his agenda. That type of order gets appealed through the emergency docket — and the justices have overruled lower courts on several hot-button issues.
Just last week, the court allowed Trump to proceed with plans for mass firings across the federal government.
It allowed the administration to deport a group of undocumented immigrants to South Sudan, a war-torn country to which the migrants had no connection, and other "third countries" that are not the U.S. and not migrants' native countries.
The Supreme Court overruled lower-court orders that limited DOGE's access to Social Security records and made some of its work subject to the Freedom of Information Act.
It also allowed the Pentagon to go ahead and prohibit trans people from serving.
None of those are final rulings on whether Trump's plans are legal or not, but they still have an immediate impact.
They may not ever get to the merits stage, and even if they do, actions like mass firings or sending migrants halfway across the world are immediate.
Even if some of those firings are ultimately found to be illegal, for example, that hardly means every former worker will return to their old job.
A ruling in Trump's favor on the emergency docket can also indicate that he's likely to win on the merits, too.
What's next: This will likely continue. There are at least two more emergency petitions awaiting an answer from the court,