Overview

• A New York Times questionnaire reported 47 of 65 responding lower‑court judges said the Court has not used the emergency docket appropriately since Trump returned to office, and 42 said the practice has harmed public perception.
• Several of the judges who perceived harm were Republican nominees, reflecting concern that brief, unexplained orders leave lower courts uncertain about how to proceed.
• The Court has recently granted emergency stays that allow contested Trump administration actions to take effect during litigation, often without detailed opinions explaining the rationale.
• Left‑leaning analysts describe a "legal emergency," tying the concerns to the Court’s 2024 immunity ruling and its handling of emergency requests that they say expands executive latitude.
• Conservative commentators counter that overreaching injunctions by "rogue" lower courts created the problem and question the Times’ survey methods, while some judges report facing public attacks following reversals, including posts from White House figures.