The Trump administration has increasingly relied on the Supreme Court to intervene in cases where its agenda has been blocked by lower court judges and appellate panels. Since President Trump began his second term, his administration has filed emergency appeals with the nation’s highest court at an average rate of slightly less than once per week.
These filings typically do not ask the Supreme Court for a final ruling on the merits of the cases but rather seek to put lower court orders on hold while legal proceedings continue. So far, the Supreme Court has issued orders in 11 such cases, with the Trump administration securing more wins than losses.
Among the administration’s successes was an order allowing the enforcement of President Trump’s ban on transgender individuals serving in the military. Conversely, the administration suffered a loss when the Supreme Court upheld a prohibition on using the Alien Enemies Act to deport Venezuelans, alleged to be gang members, to a prison in El Salvador.
The most recent emergency filing, submitted on May 27, pertains to a case where a federal judge rebuked the administration over deportations to South Sudan. U.S. District Judge Brian Murphy found that the White House violated his earlier order by deporting individuals to South Sudan, who were from other countries but had criminal convictions in the U.S. Judge Murphy insisted that these immigrants must be given a genuine opportunity to express any fears of danger they might face if sent there. Solicitor General D. John Sauer, the Trump administration’s top Supreme Court lawyer, has requested an immediate order from the high court to permit the resumption of third-country deportations. Sauer argued that Judge Murphy’s actions have stalled the deportation of migrants who cannot be returned to their home countries, describing the process of finding willing countries as a “delicate diplomatic endeavor” and the court’s requirements as a significant impediment.
Another ongoing legal battle involves the Department of Government Efficiency (DOGE), overseen until recently by Elon Musk, a billionaire adviser to Trump. DOGE is resisting a lawsuit from Citizens for Responsibility and Ethics in Washington (CREW), which seeks to compel the agency to publicly disclose information about its operations under the Freedom of Information Act (FOIA). While a lower court judge found that DOGE’s role is likely more than advisory, especially regarding the closure of the U.S. Agency for International Development and significant contract cuts, the administration is appealing these orders, and the Supreme Court has temporarily paused them.
Additionally, the Trump administration is challenging a ruling by a federal judge in Maryland that restricted DOGE’s access to Social Security systems due to privacy concerns. The administration argues that this access is crucial for identifying waste in the federal government.
Finally, the article touches on the Trump administration’s efforts to change citizenship rules for children born in the U.S. to undocumented immigrants. While several judges quickly blocked an executive order seeking to deny citizenship, the administration has appealed these rulings, and the Supreme Court recently heard arguments in an emergency appeal. The court appeared inclined to maintain a hold on the changes while exploring ways to potentially narrow the scope of nationwide injunctions, which have become a frequent tool used by judges to block Trump’s policies. Since President Trump began his second term, 40 nationwide injunctions have been issued against his administration.
The Supreme Court could issue decisions in these cases at any time, likely no later than early summer.
Be First to Comment