“Finger on the scale”? Inside the U.S. Supreme Court’s “Shadow Case” | Donald Trump News


New York, USA – A spread trend emerged after thick velvet curtains and marble columns in the U.S. Supreme Court.

More and more decisions are made without a complete briefing or oral debate. Time is tight, and judgments are usually made in brief unsigned orders that barely explain how the nine judges reached their ruling.

These commands are the result of “shadow case” and their numbers are growing.

Since taking office for the second term, President Donald Trump is expected to file a record-breaking emergency application to the Supreme Court for a rapid shift in high-risk issues, from immigration to mass layoffs.

Experts say the “shadow case” of the emergency petition marks a change in the way the court works.

Aaron Saiger, a professor at Fordham University’s School of Law, explained that unlike any other administration in recent history, Trump relies heavily on court emergency relief.

Segal told Al Jazeer: “The government rarely asks it, the courts rarely give it. Now, the government normally asks it, and the courts are giving it routinely.”

“This does not show a change in the basic rules of the system, but it is a clear change in how the system ishaves.”

As of August, the Trump administration has sent at least 22 emergency applications to the Supreme Court in the first seven months of its second term.

That surpassed the 19 term of Trump’s former President Joe Biden’s entire four-year period.

Meanwhile, Barack Obama and George W Bush, two two-time presidents, filed only eight emergency petitions.

According to Seg, the rise under Trump symbolizes another approach to the Supreme Court. “The government’s reluctance to ask for such relief has disappeared,” he said.

The court seemed to respond to many of his requests. During Trump’s first term, his administration filed 41 emergency petitions and received full or partial relief in 28 of them.

This time, the Supreme Court fully or partially approved 16 Trump’s requests.



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