The Supreme Court's Shadow Docket Has Become A Lawless, Explanation-Free Rubber Stamp For Trump's Authoritarian Agenda
A better summary of what we've said here.
When Joe Biden wanted the Department of Education to forgive student loans, the Supreme Court shut him down hard. The Court spent pages in Biden v. Nebraska explaining why the Department lacked authority under the HEROES Act, demanding “clear congressional authorization” for such a significant policy change.
But when Donald Trump wants to dismantle the entire Department of Education without any congressional authorization? That gets a rubber stamp with no explanation at all...
... and it reveals everything you need to know about how the Roberts Court actually operates ... it stayed a lower court order that required basic due process protections for people being shipped to random countries around the world—including war zones where migrants face torture, slavery, or death. No analysis. No reasoning. Just: “go ahead and traffic people to South Sudan” -- which has now happened.
Yesterday, they did it again. This time, they’re letting Trump dismantle the Department of Education.
The Pattern Is Clear: Trump Asks, SCOTUS Delivers
...law professor Steve Vladeck pointed out, the statistics are damning:
Since April 4, #SCOTUS has issued 15 rulings on 17 emergency applications filed by Trump (three birthright citizenship apps were consolidated).
It has granted relief to Trump … in all 15 rulings.
It has written majority opinions in only 3.
Today’s order is the 7th with no explanation at all.
Fifteen for fifteen. That’s not jurisprudence—that’s a rubber stamp. By way of comparison, in the 16 years of the George W. Bush and Barack Obama presidencies, the two presidents combined only asked (let alone got) emergency docket relief eight times.
The emergency docket is supposed to be for… emergencies. It’s supposed to preserve the status quo while more fully briefed cases make their way through the courts. Instead, the Court is using it to let Trump implement his most legally dubious policies while avoiding the scrutiny that comes with actually having to explain their reasoning...
Sotomayor’s Righteous Fury
Justice Sotomayor’s 19-page dissent (joined by Justices Kagan and Jackson)... final points.
...Only Congress has the power to abolish the Department.
She then delivers the key point:
When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it.
Writing for the Historical Record
Justice Sotomayor’s dissent here follows the path that Justice Ketanji Brown Jackson has blazed recently: writing not just for her colleagues, but for the public and for history.
Much more on "Why Explanations Matter," "The Broader Assault On The Rule Of Law," "What We’re Losing," and "The Roberts Court’s True Legacy." https://www.techdirt.com/2025/07/15/the-supreme-courts-shadow-docket-has-become-a-lawless-explanation-free-rubber-stamp-for-trumps-authoritarian-agenda/
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We failed to err on the side of foresight because for decades we didn't want to literally see and deal with the stealth oligarch network enemy of this government. Then we failed to rescind Citizens United.
I don't have to ask why a majority of Democrats are right about needing new leadership.
Thank you so much for your hard hitting history of our mistakes. May we still have a chance to correct them.
