Federal judges call SCOTUS’s shadow docket “inappropriate,” “opaque,” and a “judicial crisis” – Daily Kos

by TheCriticalMind

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Saturday, October 11, 2025 at 4:45:27p PDT

The current Supreme Court is making unprecedented use of the ‘shadow docket’. Reaction has been mixed. Liberals say the Court is a rubber stamp enabling Trump’s imperial presidency. MAGAs argue that SCOTUS’s conservative bloc is doing God’s work by thwarting anti-democratic rulings by unelected, activist, lower court judges.

However, politics aside, Supreme Court rulings impact how the Judiciary does business. To understand the practical effect of the Court’s use of the shadow docket, the New York Times polled US District and Appeals Court judges.

It reported its findings in an article titled: Federal Judges, Warning of ‘Judicial Crisis,’ Fault Supreme Court’s Emergency Orders.”

The subhead summarized the substance of the piece. To wit:

Dozens of sitting judges shared with The Times their concerns about risks to the courts’ legitimacy as the Supreme Court releases opaque orders about Trump administration policies.

The Times wrote to “hundreds of federal judges across the country” — and 65 replied. The respondents are not named. But the paper said presidents of both parties had appointed them. And that, while there was a difference in degree, Judges across the political spectrum worried about SCOTUS’s high-handedness. In the NYT’s words:  

Of the judges who responded, 28 were nominated by Republican presidents, including 10 by Mr. Trump; 37 were nominated by Democrats.

Adding: While those nominated by Democrats were more critical of the Supreme Court, judges nominated by presidents of both parties expressed concerns.

The paper asked the judges if they agreed or disagreed with the following statement: The Supreme Court has made appropriate use of the emergency docket since President Trump returned to office. Overall 72% said SCOTUS’s use was inappropriate, 9% hedged, and 18% (all Republican) said it was appropriate.

Tellingly, while almost all Democrats said SCOTUS was on the wrong side of the line, nearly half the Republicans concurred. The conclusion is inescapable. When half your team thinks your side stinks, it stinks.  

 Federal judges call SCOTUS’s shadow docket “inappropriate,” “opaque,” and a “judicial crisis”

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