John Oliver on Trump's use of supreme court shadow dockets: his go-to method to get his way'

"Five votes among the [supreme court's] nine justices are needed to grant a request for the court to intervene, and that request must meet certain criteria, including that the applicants would suffer irreparable harm' if it is not granted. Previously the court had generally only intervened in extreme emergency cases, such as to delay the execution of an inmate on death row when new case details emerged."

"Oliver explained how litigants can sidestep the established and often lengthy legal process by asking the supreme court's shadow docket to provide a temporary ruling. If a lower court issues a ruling he doesn't like say, pausing an executive action until it's been fully litigated he'll now run to the supreme court and ask them to rule in his favor on the shadow docket."

"In his second term, Trump has appealed to the shadow docket a record number of times, claiming he needs emergency rulings. This strategy is paying off, noted Oliver. In the last year alone, the courts issued decisions via the shadow docket that allowed this administration to cut hundreds of millions of dollars' worth of grants to universities, dismiss every transgender service member from the military, cut a third of the Department of Educ"

The Supreme Court has approved multiple presidential executive orders while related cases continue through the legal system. The process typically moves from district courts to appeals courts and then to the Supreme Court. Litigants can bypass lengthy litigation by seeking temporary relief through the Supreme Court’s shadow docket, which requires at least five of nine justices and a showing of irreparable harm. The Court previously intervened mainly in extreme emergencies, such as delaying executions when new details emerged. Trump has increasingly used the shadow docket to pause or accelerate outcomes on executive actions after unfavorable lower-court rulings. This approach has produced rapid results, including decisions affecting university grants, transgender service members, and Department of Education funding.

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