At the Eighth Circuit judicial conference on Thursday, Supreme Court Justice Brett Kavanaugh, a Trump appointee, addressed the surge in emergency cases at the high court. His remarks highlighted the executive branch’s increasing use of executive orders and regulations to advance policy goals, which have led to a marked increase in legal challenges. Kavanaugh pointed to the actions of recent presidents, including Donald Trump, Barack Obama, and Joe Biden, as contributing to the current crisis, stating, “Executive branches of both parties over the last 20 years have been increasingly trying to issue executive orders and regulations that achieve the policy objectives of the president in power.”
He criticized the lack of explanation for some rulings, emphasizing the importance of written opinions on the emergency docket. “We’ve been doing certainly more written opinions on the interim orders docket than we’ve done in the past,” Kavanaugh said, according to CNN. However, he also noted the “risk” of the “lock-in effect,” a phenomenon where early decisions may not reflect the final views of the Court. The increased use of emergency rulings, which often lack detailed reasoning, has raised concerns about the transparency and accountability of the Court’s decision-making process.
Kavanaugh described the Court’s “collegiality” as “very strong,” emphasizing that the nine members “look out for each other” and consider one another “patriots” and “good people.” His comments reflect a broader trend within the Court, as Trump’s judicial appointments, including Kavanaugh, Neil Gorsuch, and Amy Coney Barrett, have significantly shaped its composition. The Court’s emergency docket has become a focal point in the ongoing legal battles over executive power, with Kavanaugh’s remarks providing insight into the Court’s approach to addressing these challenges.
In addition to his comments on the emergency docket, Kavanaugh also addressed the Court’s handling of the Ghislaine Maxwell case, which is set to be discussed privately in September at the post-summer conference. The case, which involves the British national accused of assisting a sex offender, has drawn significant media attention. As the Court continues to navigate the complexities of executive authority and judicial oversight, Kavanaugh’s remarks underscore the challenges facing the judiciary under the current administration.
The situation highlights the broader impact of executive overreach on the legal system, with both political parties increasingly relying on executive action to advance their agendas. The Supreme Court’s role in checking this power remains a critical issue in the ongoing debate over the balance of authority between the branches of government. Kavanaugh’s comments provide a glimpse into the Court’s strategy for addressing these challenges, emphasizing the need for transparency and the importance of collegial decision-making.
As the Court continues to grapple with the surge in emergency cases, Kavanaugh’s remarks serve as a reminder of the complexities involved in maintaining judicial oversight while responding to the demands of a rapidly changing political landscape. His comments reflect a broader trend within the Court, as Trump’s judicial appointments have significantly influenced its composition and approach to emerging legal issues. Despite the challenges, the Court’s emphasis on collegiality and transparency remains a key element of its judicial process.