Tell Congress: Put limits on the Supreme Court’s use of the shadow docket
Supreme Court opinions are released in June with much fanfare—but the Court has ways to overturn precedent without all of the hoopla. And they just used it to quietly bless Trump’s ruthless gutting of federal agencies.
Have you ever heard of the Shadow Docket?
It’s a term for when the Supreme Court deals with emergency requests and other matters that aren’t part of its scheduled proceedings—often without full briefing, oral argument, or a written opinion. It was originally conceived as a way to make minor clarifications or to deal with emergencies quickly.
But recently, the Roberts Court has leaned on the Shadow Docket to overturn precedent without making the front page of the New York Times.
Just last week, MAGA justices issued a shadow docket ruling that allowed Trump to fire leadership at the National Labor Relations Board and Consumer Financial Protection Bureau, seemingly in contravention of the laws establishing the agencies. The cases are pending, but the Supreme Court went ahead and approved the firings without a full hearing.
It’s outrageous that the Supreme Court can quietly bless Trump’s worst impulses without going through a full judicial process. And it’s dangerous for our democracy that this has become the norm.
America will not be ruled from the shadows by nine justices in robes. Congress must step in now and stop this dangerous use of the shadow docket. Add your name to tell Congress: Put limits on the shadow docket now!
Justice Kagan’s angry dissent rightly called the Court out for overturning 90 years of shadow docket precedent to support Trump’s authoritarian actions. She’s right—the MAGA justices are allowing Trump to break the law without waiting for the Supreme Court to rule on his case.
Last week’s shadow docket ruling gives Trump permission to fire workers in independent agencies at will, even when the written statutes say they can only be fired for cause. Is it any surprise that the Roberts Court is siding with Trump against the NLRB and CFPB, both of which exist to help workers and consumers stand up to corporate greed?
These agencies are extremely popular with the American people, and there is no legal basis for Trump’s gutting of them. If the Supreme Court can casually allow this authoritarian lawbreaking on a shadow docket, what else will they overturn without a full judicial proceeding?
This is why we have checks and balances. When the Court goes too far, Congress is constitutionally called upon to step in. Congress must place limits on the Supreme Court’s use of shadow dockets, and force them to be transparent and out in the open when overturning precedent.
Add your name and tell Congress to protect the rights of the people and rein in the Supreme Court’s outrageous use of the shadow docket now.