WASHINGTON — June has arrived, kicking off the Supreme Court’s busy ruling season. This is the time when the justices typically tackle their most significant and controversial cases. But this year feels different.
President Donald Trump’s second term has thrown a wrench into the usual court schedule. The justices now spend considerable time addressing urgent cases that require quick decisions, affecting their regular docket of cases.
Leah Litman, a law professor at the University of Michigan and author of the book Lawless, pointed out, “It shows how much the Trump administration is dominating the conversation.” This shift affects how the public understands the court’s actions, especially since media outlets gear up for June coverage, typically focusing more on lengthy, substantive cases.
Emergency decisions, however, often come without advance notice and can be announced at any time. Recently, a ruling was even issued on a Saturday morning. Most of these urgent matters involve challenges to Trump’s interpretations of federal law, which have often been blocked by lower courts.
As June begins, the Supreme Court faces 33 cases from a total of 62 that are set for decision this term, which runs from October to June. The precise decisions will follow the justices’ usual schedule, but the urgency of some cases can quickly change the dynamic.
Since January, the court has already addressed 11 emergency cases linked to Trump, often called the “shadow docket.” These cases typically lack the oral arguments and detailed reasoning characteristic of major rulings, yet they can be just as impactful. This raises questions about transparency and how decisions are made.
This term has also seen several notable decisions via the shadow docket. For example, the court allowed Trump’s ban on transgender individuals in the military to take effect and supported the administration’s removal of protections for many Venezuelan immigrants.
Looking at the merits docket, the number of attention-grabbing cases appears lower than in previous years. The most prominent case yet to be decided involves a Tennessee law banning gender transition care for minors. Other noteworthy issues include objections to LGBTQ-themed materials in schools and Texas’s push to restrict access to certain websites.
To compare, last year included major rulings on Trump’s immunity from prosecution and a decision that upheld a law preventing domestic abusers from accessing firearms. The previous summer was marked by the overturning of Roe v. Wade, a significant historic decision.
As Greg Garre, a lawyer who argues before the court, observed, “The emergency docket seems to have taken precedence.” In some cases, what starts as an emergency application can transform into a merits case, speeding up the process significantly.
Will this trend continue? William Baude, a professor at the University of Chicago, warned that the shadow docket might become the standard for high-stakes litigation. A notable case was resolved quickly concerning TikTok, demonstrating the rapid nature of some emergency decisions.
Some analysts speculate that the justices may be keeping their regular docket light this term in anticipation of potential election-related cases later this year.
John Elwood, another lawyer who frequently argues at the court, shared a similar sentiment: “I think the court is preparing for more emergency cases tied to Trump’s initiatives.”
In a rapidly evolving legal landscape, the impact of the Supreme Court’s decisions will continue to shape the national conversation and may redefine legal processes for years to come. For more on the Supreme Court’s activities, check out the SCOTUS Blog.