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Supreme Court Criticized for Fast-Tracking Trump Cases

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Politics Desk

In Short: Justice Ketanji Brown Jackson criticized the Supreme Court's emergency docket process during a speech at the University of the District of Columbia’s law school, saying parties should prove impending harm in cases that cannot wait for lower court adjudication.

Donald Trump
Photo: Shealeah Craighead / Wikimedia Commons (Public domain)

Since the start of President Donald Trump's second term, his administration has submitted 40 emergency applications to the Supreme Court, winning about 80% of its appeals on the emergency docket.

The Supreme Court’s majority has often split along ideological lines, granting emergency applications based on potential lower court mistakes rather than proven harm.

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Jackson questioned why one party should receive a fast pass to the Supreme Court when others wait patiently for the court’s attention.

The process can take a couple of days, weeks, or months, and is viewed as a much speedier, although temporary, way to secure court relief.

In a recent 5-4 vote, the Supreme Court granted an emergency appeal from Trump and his lawyers, setting aside a judge’s order that would have stopped the construction of a new White House ballroom.

Roberts Jr. dissented, along with the court’s three liberals, questioning the standing of the case.

Kavanaugh and Amy Coney Barrett, joined by conservative Justices Clarence Thomas and Samuel A. Alito, said Trump and his appointees had stressed the new ballroom was needed for national security.

The conservative majority also said the lower courts should not have interfered.

The emergency docket has greenlit Trump's mass firings of career employees and high-profile terminations of Democratic appointees.

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