Latest news with #emergencyrulings
New York Times
31-07-2025
- Politics
- New York Times
Kavanaugh Defends Supreme Court's Terse Emergency Orders
Justice Brett M. Kavanaugh said on Thursday that the Supreme Court should be wary of providing detailed explanations for its rulings on emergency applications like those arising from challenges to the Trump administration's efforts to transform the federal government. 'There can be a risk, in writing the opinion, of a lock-in effect, of making a snap judgment and putting it in writing, in a written opinion that's not going to reflect the final view,' he said. The justice made the remarks at the judicial conference of the U.S. Court of Appeals for the Eighth Circuit, held this year in Kansas City, Mo. In a similar appearance last week at the Ninth Circuit's judicial conference, Justice Elena Kagan, who has often dissented from the court's emergency rulings in favor of President Trump, made the opposite case, saying the majority should do more to explain its reasoning. 'I think as we have done more and more on this emergency docket, there becomes a real responsibility that I think we didn't recognize when we first started down this road, to explain things better,' Justice Kagan said. 'I think that we should hold ourselves, sort of on both sides, to a standard of explaining why we're doing what we're doing.' Justice Kavanaugh was interviewed on Thursday by Judge Sarah E. Pitlyk of the Federal District Court in St. Louis, who was a law clerk of his when he was a federal appeals court judge in Washington. Want all of The Times? Subscribe.
New York Times
28-06-2025
- Politics
- New York Times
A Triumphant Supreme Court Term for Trump, Fueled by Emergency Rulings
The Supreme Court term that ended on Friday included an extraordinary run of victories for President Trump, culminating in a 6-to-3 ruling largely eliminating the main tool that his opponents have used to thwart his aggressive agenda. In that case and others, the justices used truncated procedures on their emergency docket to issue decisions that gave Mr. Trump some or all of what he had asked for in cases dealing with immigration, transgender troops and the independence of government agencies. The emergency rulings in Mr. Trump's favor were theoretically temporary and provisional. In practice, they allowed the president to pursue his policies indefinitely and sometimes irreversibly. In the first 20 weeks of Mr. Trump's second term, his administration filed 19 emergency applications asking the justices to pause lower court losses while lawsuits continued. That is the total number of such applications the Biden administration filed over four years, and far more than the eight applications filed over the 16 years of the George W. Bush and Barack Obama presidencies. The spike was a result of challenges to the blitz of executive orders issued by the administration since Mr. Trump took office. The upshot was a winning streak delivered by a court he remade in his first term, appointing three of the six conservative justices. Many of the emergency decisions were based on rushed and cursory briefs, and came after the court did without oral arguments. They were usually delivered in orders containing scant or no reasoning. Trump-related emergency docket cases since January, with those granted in favor of the administration highlighted. Source: SCOTUSblog Note: In Mr. Abrego Garcia's, the court largely left in place the lower court's order, directing the Trump administration to 'facilitate' his release. The New York Times In the term that ended Friday, the court produced half the number of decisions with a 6-3 split than it did last term. Last term 5-4 6-3 7-2 8-1 9-0 This term 5-4 6-3 7-2 8-1 9-0 Last term 5-4 6-3 7-2 8-1 9-0 This term 5-4 6-3 7-2 8-1 9-0 Nonunanimous nine-person decisions that were orally argued and signed Source: Calculated by Lee Epstein and Andrew D. Martin, Washington University in St. Louis; and Michael J. Nelson, Penn State from the Supreme Court Database The New York Times 150 100 50 Roberts court 1940 1960 1980 2000 2020 150 100 50 Roberts court 1940 1960 1980 2000 2020 Source: Calculated by Lee Epstein and Andrew D. Martin, Washington University in St. Louis; and Michael J. Nelson, Penn State from the Supreme Court Database The New York Times Justices nominated by Republicans Justices nominated by Democrats 100% Roberts Kavanaugh Barrett 80% Kagan Thomas Sotomayor 60% Alito Gorsuch Jackson 40% 20% Last term This term Last term This term Justices nominated by Republicans Justices nominated by Democrats 100% 100% Roberts Kavanaugh Barrett 80% 80% Kagan Thomas Sotomayor 60% 60% Alito Gorsuch Jackson 40% 40% 20% 20% Last term This term Last term This term Nonunanimous decisions that were orally argued and signed Source: Calculated by Lee Epstein and Andrew D. Martin, Washington University in St. Louis; and Michael J. Nelson, Penn State from the Supreme Court Database The New York Times Want all of The Times? Subscribe.
