Sotomayor: Supreme Court emergency docket appeals by Trump 'unprecedented'
Source: The Hill
04/10/26 11:59 AM ET
Justice Sonia Sotomayor in a Thursday speech at the University of Alabama School of Law said the Trump administrations increase in emergency appeals is unprecedented in the courts history. The emergency docket is made up of appeals that seek quick intervention from justices in cases that are still in the lower courts. The administration has filed 34 emergency applications since President Trump retook the White House.
In a vast majority of the cases, the Supreme Court has sided with the administration and has often lifted the orders of lower court judges who found the administrations policies were likely illegal. Cases on the Supreme Courts emergency docket are decided quickly without oral arguments and often have no explanations.
Sotomayor said the Supreme Court had previously taken the position that we should be letting the lower courts decide these issues first before we the highest court of the land make the final decision. We should make sure that all the facts are fully aired below, she stated. Doing so, she said, was meant to ensure that every argument is considered.
That the intermediate courts have looked at this, and we really shouldnt take cases and decide them until there is a circuit split, meaning that circuit courts across the country have disagreed on the answer, because then we are sure that every viable and important argument has actually been aired, that all of the important facts have actually been brought out in the various cases, she said. Sotomayor added that since we are the final word, we should do it with some deliberation to make sure we get it right. Sotomayor said the court had done that throughout its history, until more recent times.
Read more: https://thehill.com/homenews/5825692-sotomayor-trump-emergency-docket/
This is from a different speech from remarks she made back on April 7 noted in this OP - https://www.democraticunderground.com/10143647677
Baitball Blogger
(52,455 posts)Court system.
no_hypocrisy
(55,013 posts)SCOTUS doesn't have to accept every single request for appeal.
If these weren't characterized as "emergency appeals," there's a good chance that many would have been turned down.
The odds of SCOTUS taking a non-emergency certiorari case is quite limited. Not certain of the number, but I seem to remember it's something like 50-55 per session. They take a vote which ones they'll take.
Calling something an emergency doesn't make it an emergency. SCOTUS taking on so many "emergency appeals" indicates to me that there's some coordination going on.
blue-wave
(5,268 posts)Last edited Fri Apr 10, 2026, 11:13 PM - Edit history (1)
Maybe just maybe they are testing the court to burden it with cases during the midterms? Oh, those pesky "emergency" election cases might just have to wait their turn.
Sweet Rosie Red
(101 posts)Traitor John Roberts swore during his confirmation hearing that he respected the primacy of prior decisions and that he would not legislate from the bench. I cant remember whether I watched the hearing or saw clips, but I have a clear memory of him also saying that as Chief Justice he would not legislate from the bench, just call balls and strikes like an umpire. Based on his record, the lying bastard should be impeached removed, tried for treason, and imprisoned for life. Considering the corruption of the majority of the court, Sotomayor is the lotus blooming in the swamp. This nation owes her a debt of gratitude for her honesty and courage!
Lets win the Senate, expand the Court and impeach the swampiest: Alito, Thomas, Kavanaugh and Roberts. And throw in Gorsuch for yucks and giggles. Hes been discrete in his corruption, but Im sure it's there somewhere!
Skittles
(171,936 posts)yes INDEED