New York, United States – Behind the thick velvet drapes and marble columns of the United States Supreme Court, a creeping trend has emerged.
More and more, decisions are being made without full briefings or oral arguments. Time is tight, and judgements are often rendered in brief, unsigned orders that offer little to no explanation about how the nine justices arrived at their ruling.
These orders are the result of the “shadow docket”, and their numbers are growing.
Since taking office for a second term, President Donald Trump is on track to file a record number of emergency applications to the Supreme Court, demanding quick turnarounds on high-stakes issues ranging from immigration to mass layoffs.
Experts say this “shadow docket” of emergency petitions signals a shift in how the court operates.
Aaron Saiger, a professor at the Fordham University School of Law, explained that, unlike any other administration in recent history, Trump has relied heavily on emergency relief from the court.
“The government asked for it rarely, and the court granted it rarely. Now, the government is asking for it routinely, and the court is granting it routinely,” Saiger told Al Jazeera.
“That doesn’t show a change in the underlying rules of the system, but it is a definite change in the way that the system is behaving.”
As of August, in the first seven months of his second term, the Trump administration has sent at least 22 emergency applications to the Supreme Court.
This outstrips the 19 made during the full four-year term of Trump’s predecessor, President Joe Biden.
Meanwhile, Barack Obama and George W Bush — both two-term presidents — only filed eight emergency petitions a piece.
The uptick under Trump symbolises a different approach to the Supreme Court, according to Saiger. “The government’s reluctance to ask for such relief has gone away,” he said.
And the court appears to be responsive to many of his requests. During Trump’s first term, his administration filed 41 emergency petitions, and received full or partial relief in 28 of the cases.
This time around, the Supreme Court has granted 16 of Trump’s requests, fully or in part.