Unprecedented Supreme Court Shadow Docket Usage Raises Transparency Concerns

Unprecedented Supreme Court Shadow Docket Usage Raises Transparency Concerns

Major news regarding the U.S. Supreme Court in the last three days centers on the ongoing debate over the Court’s use of its so-called shadow docket, which has reached unprecedented levels in the current term. The shadow docket, traditionally reserved for routine, procedural matters, is now being used far more frequently and for more consequential rulings—often without detailed explanations or disclosure of how individual justices voted. According to SCOTUSblog, the number of emergency matters on the shadow docket has soared from 44 in the previous term to 113 in the current one as of late June, reflecting a dramatic increase under the new presidential administration. Legal experts and commentators, including those quoted in The IE Voice, warn that this trend risks further eroding public confidence in the Court’s transparency and impartiality, especially as the shadow docket is increasingly used for decisions that have significant policy and civil rights implications, such as immigration enforcement and other regulatory actions.

Attention has also been drawn to how these emergency rulings, often delivered without full briefing or oral arguments, can leave lower courts and federal agencies uncertain about the reasoning behind the Court’s decisions. Critics argue that this practice undermines the usual process of judicial review and accountability, making it harder for the public to understand or challenge the Court’s actions. The broader concern is that expanded use of the shadow docket contributes to the perception that the judiciary is becoming less transparent and more politically influenced at a time when the balance of power among the three branches of government is already under scrutiny.

Looking ahead, the Supreme Court will soon consider a request from the National Basketball Association regarding the Video Privacy Protection Act, with briefing scheduled to conclude and arguments potentially to follow in the coming weeks. This case could have important implications for digital privacy and the scope of protections under federal law, though no decision has been announced as of the last three days.

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Supreme Court Cases to Watch: TikTok Ban, Transgender Treatments, and Judicial Independence

Supreme Court Cases to Watch: TikTok Ban, Transgender Treatments, and Judicial Independence

As we look at the latest developments from the US Supreme Court, several key issues and upcoming cases are garnering significant attention. Chief Justice John Roberts has recently expressed concerns about the growing disregard for the Supreme Court, emphasizing the importance of maintaining judicial independence and ensuring that court decisions are honored regardless of their political implications.Looking ahead to 2025, the Supreme Court has a robust docket with several high-stakes cases that could have significant political and social implications. One of the most closely watched cases involves a challenge to a proposed ban on TikTok, which was signed into law by President Joe Biden due to national security concerns related to the app's ties to China. The Court will decide whether the app should be banned unless it is sold to a U.S. company.Another critical case on the horizon involves the constitutionality of a Tennessee law that bans transgender surgeries and hormone treatments for minors. This decision could set a precedent for similar laws in other states, making it a highly anticipated and contentious issue.These cases highlight the Court's role in addressing complex and divisive issues, and Chief Justice Roberts' warning underscores the need for respect and adherence to the Court's rulings, regardless of public or political sentiment.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on the US Supreme Court.This content was created in partnership and with the help of Artificial Intelligence AI

3 Feb 1min

Headline: "Explosive Trump Case Heads to Supreme Court Amid Time Crunch Before Inauguration"

Headline: "Explosive Trump Case Heads to Supreme Court Amid Time Crunch Before Inauguration"

In the latest developments from the US Supreme Court, a significant and contentious case involving former President Donald Trump has been making headlines. On January 3, 2025, the New York trial court denied Trump’s motion to dismiss a criminal case based on claims of Presidential immunity, and subsequently set a date for criminal sentencing just a week later, on January 10, 2025. This move was criticized for violating standard practice, due process, and New York criminal law, especially given that it was scheduled just ten days before Trump’s inauguration.Trump promptly filed an interlocutory appeal and notified the trial court that the proceedings were automatically stayed pending the appeal. However, the New York courts have refused to honor this stay, leading Trump to file an emergency application with the Supreme Court to impose an immediate stay on the criminal proceedings. The application argues that the trial court lacks authority to impose sentence or conduct further criminal proceedings until the resolution of Trump’s appeal, which raises substantial claims of Presidential immunity.This case is particularly noteworthy given a recent Supreme Court ruling from July 2024, where the Court decided that presidents have immunity for official actions taken while in office, although this does not extend to absolute immunity. The Court ruled that the president is immune from official acts, including those at the outermost perimeter of their official duties, and that the government may not inquire into the president’s motives for these actions.In other news, the Supreme Court is also dealing with a separate high-profile issue related to the Corporate Transparency Act (CTA). The government filed an emergency application to stay a nationwide preliminary injunction against the CTA, which was ordered by the U.S. District Court for the Eastern District of Texas. Supreme Court Justice Samuel Alito has requested that respondents submit their response to the government’s application by January 10, 2025. The outcome of this application is uncertain but will be closely watched as it coincides with other ongoing constitutional challenges in various appellate courts.Thank you for listening to the SCOTUS News Tracker podcast. Don’t forget to subscribe for the latest updates and in-depth analysis on key Supreme Court developments.This content was created in partnership and with the help of Artificial Intelligence AI

31 Jan 2min

"Pivotal SCOTUS Rulings: Securing National Security and Upholding Presidential Immunity"

"Pivotal SCOTUS Rulings: Securing National Security and Upholding Presidential Immunity"

Hello and welcome to the SCOTUS News Tracker podcast. I'm Jason, your go-to source for the latest developments from the U.S. Supreme Court.Recently, one of the most significant and contentious cases involves President-elect Donald Trump, who has appealed to the Supreme Court to block his sentencing in a New York criminal hush money case. Trump's lawyers argue that sentencing him just before his inauguration would disrupt national security and the operations of the federal government. They also claim that as President-elect, Trump should be entitled to the same immunity as a sitting president, which could expand the breadth of presidential authority. The Supreme Court has requested a response from prosecutors in New York, indicating the high stakes and urgency of this matter.In another major development, the Supreme Court issued a decision on January 17, 2025, regarding the Protecting Americans from Foreign Adversary Controlled Applications Act. This law targets apps controlled by foreign adversaries, specifically China, and bans their use in the U.S. unless their operations are severed from Chinese control. The Court upheld this law, finding it to be content-neutral and justified by the government's interest in preventing the collection of sensitive data by China. Justices Sotomayor and Gorsuch concurred in the judgment, with Sotomayor noting that the First Amendment clearly applies to this Act.These decisions highlight the Supreme Court's active role in addressing critical issues that intersect national security, presidential immunity, and First Amendment rights.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on the U.S. Supreme Court.This content was created in partnership and with the help of Artificial Intelligence AI

29 Jan 1min

Supreme Court Tackles Religious Charter Schools, TikTok Ban, and Beneficial Ownership Reporting

Supreme Court Tackles Religious Charter Schools, TikTok Ban, and Beneficial Ownership Reporting

In recent developments, the US Supreme Court has been active on several fronts. One of the most significant updates involves the Court's decision to review a case related to the establishment of the nation's first religious charter school. The Supreme Court agreed to hear arguments in the cases of *Oklahoma Statewide Charter School Board v. Drummond* and *St. Isidore of Seville Catholic Virtual School v. Drummond*, which stem from a ruling by the Oklahoma Supreme Court. This ruling rejected a Catholic online school's bid to become a charter school, citing violations of state law, the Oklahoma Constitution, and the U.S. Constitution. The school argues that this decision unconstitutionally punishes the free exercise of religion by disqualifying it from government aid. The Court has fast-tracked the briefing schedule for these cases, with arguments set for the last week of April and a decision expected by late June or early July.Another notable decision came in the case of *TikTok Inc. v. Garland*, where the Supreme Court upheld a federal law that prohibits companies in the U.S. from providing services to, distributing, maintaining, or updating TikTok unless its U.S. operations are severed from Chinese control. The Court found that the law, part of the Protecting Americans from Foreign Adversary Controlled Applications Act, is content-neutral and satisfies intermediate scrutiny under the First Amendment, as it aims to prevent China from collecting sensitive data from U.S. users.Additionally, the Supreme Court lifted a preliminary injunction that had blocked the enforcement of the Corporate Transparency Act (CTA) in the case of *Texas Top Cop Shop, Inc., et al. v. Garland, et al*. This decision reinstates the requirement for 32 million small businesses to report beneficial ownership information, despite ongoing litigation over the constitutionality of the reporting requirements.These decisions highlight the Supreme Court's active role in addressing a range of critical issues, from religious freedom and education to national security and business regulations.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on key Supreme Court cases and decisions.This content was created in partnership and with the help of Artificial Intelligence AI

27 Jan 2min

Supreme Court Rulings: Trump Sentencing, TikTok Divestment, and Corporate Transparency Act Upheld

Supreme Court Rulings: Trump Sentencing, TikTok Divestment, and Corporate Transparency Act Upheld

In the latest developments from the US Supreme Court, several significant events and decisions have captured attention. One of the most notable recent actions involves President-elect Donald Trump's legal battles. On January 9, 2025, the Supreme Court cleared the way for Trump's criminal sentencing to proceed in his New York hush money case, despite his plea to halt the sentencing. Trump was convicted on 34 counts of falsifying business records to hide reimbursements made to adult film star Stormy Daniels. The court's decision was divided, with four conservative justices indicating they would have granted Trump's request, but ultimately, the sentencing was allowed to move forward.Another critical issue before the Supreme Court is the case involving TikTok. President Trump, through an amicus brief, has requested a stay on the statutory deadline for ByteDance to divest its ownership of TikTok. This deadline, set for January 19, 2025, is just a day before Trump is scheduled to assume office. Trump's argument is that the expedited timeline interferes with his ability to manage foreign policy and pursue a resolution that balances national security with the protection of First Amendment rights. The court is considering whether to grant this stay to allow more time for a negotiated resolution.On January 23, 2025, the Supreme Court made a significant decision regarding the Corporate Transparency Act (CTA). The court issued a stay on a nationwide preliminary injunction that had blocked the enforcement of the CTA, allowing the Financial Crimes Enforcement Network (FinCEN) to once again enforce the act. This decision does not address the constitutionality of the CTA but rather the propriety of the universal preliminary injunction.These developments highlight the active and complex landscape of the US Supreme Court, with ongoing cases touching on constitutional questions, corporate transparency, and high-profile legal battles involving public figures.Thank you for listening to the SCOTUS news Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on the US Supreme Court.This content was created in partnership and with the help of Artificial Intelligence AI

24 Jan 2min

"Supreme Court Tackles Diverse Legal Challenges: FDA Battles, Inmate Rights, and Trump's Immunity Bid"

"Supreme Court Tackles Diverse Legal Challenges: FDA Battles, Inmate Rights, and Trump's Immunity Bid"

As of the latest updates, the US Supreme Court has been engaged in several significant activities and decisions. On Tuesday, January 21, the Court held oral arguments in two notable cases: *Food and Drug Administration v. R.J. Reynolds Vapor Co.* and *McLaughlin Chiropractic Associates v. McKesson Corporation*. These cases are part of the Court's ongoing schedule of hearings on various critical issues.In other recent developments, the Supreme Court has made decisions on several high-profile matters. The Court has revived the case of a death row inmate who claims she was subjected to inappropriate treatment, including being 'sex-shamed' during her trial. This decision underscores the Court's continued scrutiny of procedural fairness in capital punishment cases.Additionally, the Supreme Court has declined to intervene in a Pennsylvania mail-in ballot dispute, choosing not to hear the case. This decision reflects the Court's selective approach to which cases it decides to take up, particularly those involving state-level electoral issues.On the administrative front, there has been significant activity related to pending cases involving high-profile figures. For instance, former President Donald Trump has filed an emergency stay application with the Supreme Court to halt criminal proceedings against him in a New York trial court. Trump's application argues that the trial court lacks authority to impose sentence or conduct further proceedings while his interlocutory appeal, which raises claims of Presidential immunity, is pending.In summary, the Supreme Court continues to address a wide range of critical legal issues, from regulatory challenges and electoral disputes to high-stakes criminal cases involving prominent figures. These developments highlight the Court's active role in shaping the legal landscape of the United States.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on the US Supreme Court.This content was created in partnership and with the help of Artificial Intelligence AI

22 Jan 2min

"Supreme Court Tackles TikTok Ban and Trump Sentencing in Pivotal Rulings"

"Supreme Court Tackles TikTok Ban and Trump Sentencing in Pivotal Rulings"

In the latest developments from the US Supreme Court, several significant events have captured attention. One of the most noteworthy cases is *TikTok v. Garland*, which is set to be argued before the Supreme Court on January 10, 2025. This case revolves around the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, specifically whether it violates the First Amendment as applied to TikTok. The court's decision will determine if a proposed ban on the app will take effect on January 19, 2025.In another major development, the Supreme Court recently denied a request by Donald Trump to delay his sentencing in a criminal case related to hush money payments. Trump, who is scheduled to be inaugurated as President on January 20, had sought to halt the sentencing, but the court narrowly rejected his appeal. This decision clears the way for Trump's sentencing to proceed on January 10, despite his arguments for presidential immunity.The Supreme Court's ruling on Trump's case was closely divided, with four justices supporting his request for a delay and the remaining five justices, including Chief Justice John Roberts and Justice Amy Coney Barrett, denying the relief. This decision underscores the ongoing legal challenges Trump faces as he prepares to take office.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on key Supreme Court cases and decisions.This content was created in partnership and with the help of Artificial Intelligence AI

20 Jan 1min

Headline: "Supreme Court's Pivotal January Docket: Free Speech, National Security, and Disability Rights Battles"

Headline: "Supreme Court's Pivotal January Docket: Free Speech, National Security, and Disability Rights Battles"

Hello and welcome to the SCOTUS News Tracker podcast. I'm Jason, your reporter for the latest updates from the US Supreme Court.The Supreme Court is gearing up for a busy January argument session, which began on January 13 and will continue until January 22. One of the major cases on the docket is *Free Speech Coalition v. Paxton*, scheduled for January 15. This case involves a challenge to a Texas law that requires websites to verify the age of their users if at least one-third of their content is deemed “harmful to minors,” such as pornography. The challengers argue that this law violates the First Amendment by imposing a burden on adults' access to such content, and they are pushing for a more stringent test, known as strict scrutiny, to be applied instead of the rational basis review used by the lower court.Another significant case is *TikTok v. Garland*, which was argued on January 10. This case revolves around a proposed ban on the TikTok app under the Protecting Americans from Foreign Adversary Controlled Applications Act. The Supreme Court is deciding whether this ban violates the First Amendment, given concerns about national security and data collection by China. If the ban is upheld, it could lead to Apple and Google removing TikTok from their app stores by January 19, although users who have already downloaded the app would still have access to its content, albeit without ongoing technical support.In addition to these high-profile cases, the Supreme Court is addressing several other important issues during this argument session. These include questions about sentence reductions under the First Step Act in cases like *Hewitt v. United States* and *Duffey v. United States*, and a case involving the Americans with Disabilities Act, *Stanley v. City of Sanford*, which focuses on whether a former employee can sue over discrimination in benefits earned during employment.As the Supreme Court delves into these complex legal matters, it's clear that the coming weeks will be pivotal for several key areas of law, from free speech and national security to criminal justice and disability rights.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on the US Supreme Court.This content was created in partnership and with the help of Artificial Intelligence AI

17 Jan 2min

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