Chief Justice Roberts Criticizes The Shadow Docket Of Trump-era

Justice Roberts
Justice Roberts

A rule that was set by Donald Trump, the former President of America, was reinstated by a vote of 5-4 in the Supreme Court this Wednesday. This rule deprived the states of having the power to deny permits of federal nature under the Clean Water Act as per another ruling that provides a spotlight on the emergency docket of the Court. 

Justice Roberts Joined Hands With The Liberals To Vote Against Emergency Docket

Chief Justice Roberts got involved with the liberal justices of the court in objection and argued that the majority of the court have lost their mind and are going in the wrong direction by giving consent to a request that is unwarranted on its emergency docket. In the view of Justice Elena Kagan, this rule would render the emergency docket of the court particularly not for emergencies at all. She stated this for the four judges who gave a negative vote. She also mentioned that the states led by the Republicans along with other states would have to face serious harm to form their cases while they would ask for emergency relief from the court.  

Kagan also wrote that the Court may stay with the previous decision even under review in the court of appeals just in any remarkable situation and after considering everything. The challengers who requested for a stay on the rule lacked any relevant current evidence to support their plea and their argument was simple. 

The docket of emergency will be more of another place for the determination of merits apart from full argument and briefing. The conservative judges who voted for this rule did not discuss the reason for continuing the rule properly. This emergency docket is called the shadow docket by many people outside the judiciary and also some judges and this policy has been criticized by many. Though Kagan has always been vocal with her opinion, Justice Roberts joined for the first time.

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