1. United States
  2. Wash.
  3. Letter

Demand Transparency and Oversight of Supreme Court Shadow Docket

To: Sen. Murray, Pres. Trump, Rep. DelBene, Sen. Cantwell

From: A verified voter in Bothell, WA

April 19

I need you to take action on the Supreme Court's shadow docket abuse. Support legislation requiring the Court to publish written reasoning for every shadow docket order that changes the law, and push the Senate Judiciary Committee to investigate the pattern of rulings favoring the Trump administration. The statistics are damning. Between 2001 and 2017, the federal government sought emergency relief just 8 times. During Trump's first four years, that number jumped to 41 requests. In less than a year of his second term, the administration has already filed 30 emergency requests, with 24 granted. The Court sided with Trump 80 percent of the time, often without explaining why. This isn't how the Supreme Court is supposed to work. Leaked internal memos show Chief Justice Roberts killed Obama's Clean Power Plan in 2016 with a one-page order issued over a holiday break after days of deliberation instead of months. Justice Kagan warned her colleagues they were breaking new ground without precedent. She was right. The shadow docket now virtually eclipses the Court's regular work. Major questions about immigration, environmental regulation, and voting rights get decided in unsigned orders with no oral arguments and no reasoning. When one side wins 80 percent of the time under rushed procedures, that's a systemic problem requiring Congressional oversight. Use your Article I power. Demand transparency.

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