{"id":344,"date":"2026-07-07T13:11:39","date_gmt":"2026-07-07T13:11:39","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=344"},"modified":"2026-07-07T13:11:39","modified_gmt":"2026-07-07T13:11:39","slug":"the-latest-emergency-docket-ruling","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=344","title":{"rendered":"The latest emergency docket ruling"},"content":{"rendered":"

Forty-five years ago today, President Ronald Reagan announced that he would nominate Sandra Day O\u2019Connor to the Supreme Court. He formally nominated her the next month, and she was confirmed in September 1981. O\u2019Connor was the first female justice.<\/p>

Read more Supreme Court allows Texas to enforce law requiring age verification and parental consent on apps<\/a><\/p>

Plus, remember to mark your calendars for Thursday, July 16, when SCOTUSblog\u2019s Amy Howe will join Briefly\u2019s Adam Stofsky for a LinkedIn Live event about the most consequential decisions of the 2025-26 term. The livestream will begin at noon EDT. And catch up on what happened during the term by reading our Stat Pack.<\/p>

At the Court<\/h2>

The Supreme Court on Monday from a youth advocacy organization and trade group to reinstate district court orders barring Texas from enforcing a law requiring parental consent and age verification to download apps from an app store and to buy paid content within an app. For more on the dispute, see the On Site section below.<\/p><\/div><\/div><\/div><\/div>

Morning Reads<\/h2>

In Congress, a bipartisan annoyance with the Supreme Court<\/h3>

Michael Macagnone, Roll Call<\/p>

The Supreme Court\u2019s recently concluded term left both Republicans and Democrats feeling frustrated. \u201cConservatives were rankled by a Supreme Court decision quashing President Donald Trump\u2019s effort to limit birthright citizenship, for example. Democrats, meanwhile, were outraged by a decision allowing Trump to fire officials at independent agencies like the Federal Trade Commission,\u201d according to Roll Call. However, \u201cCongress is unlikely to pass legislation to respond to this term\u2019s Supreme Court decisions,\u201d in part because Republicans and Democrats do not agree on what needs to be done. And as Roll Call noted, \u201c[e]ven when both parties can agree, congressional rebuke of the Supreme Court is rare.\u201d<\/p><\/div><\/div>

Johnson: House GOP \u2018looking at all angles\u2019 after Supreme Court birthright citizenship ruling<\/h3>

Max Rego, The Hill<\/p>

During an appearance on \u201cFox News Sunday,\u201d House Speaker Mike Johnson, a Republican from Louisiana, said \u201chis conference is \u2018looking at all angles\u2019 to legislatively address birthright citizenship, after the Supreme Court ruled against President Trump\u2019s executive order restricting it,\u201d according to The Hill. \u201cIf there\u2019s some legislative fix, we\u2019ll advance that immediately,\u201d Johnson said. \u201cIf it\u2019s a constitutional amendment … it takes a little more time. But we\u2019ve got to address this. It really is a serious, serious issue.\u201d<\/p><\/div><\/div>

Fifth Circuit Was Again Most Reversed by the US Supreme Court<\/h3>

Jordan Fischer, Bloomberg Law<\/p>

During the 2025-26 term, the Supreme Court \u201creversed more decisions out of the\u201d U.S. Court of Appeals for the 5th Circuit \u201cthan any other appellate court \u2013 marking the third consecutive time it has topped the reversal list,\u201d according to Bloomberg Law. \u201cOut of 11 merits decisions, the justices reversed arguably the nation\u2019s most conservative appellate court eight times, or in roughly 73% of cases. That\u2019s slightly higher than the overall reversal rate of 70% for the term.\u201d However, the 5th Circuit certainly \u201cwasn\u2019t alone in getting reversed by the justices. Three circuits \u2013 the Seventh, Eighth and Eleventh \u2013 had a 100% reversal rate at the Supreme Court this year across six cases between them.\u201d<\/p><\/div><\/div>

Emil Bove Defended Trump in Court. Then Trump Made Him a Judge.<\/h3>

Mattathias Schwartz, The New York Times<\/svg><\/span><\/p>

Judge Emil Joseph Bove III, \u201c[a] former personal lawyer for Mr. Trump,\u201d joined the U.S. Court of Appeals for the 3rd Circuit in September, after time spent \u201cpush[ing] hard for Mr. Trump\u2019s policy agenda as a senior official at the Justice Department.\u201d This work, as well as his legal resume \u2013 \u201ctwo clerkships and nine years as a federal prosecutor\u201d \u2013 have \u201cdriven speculation that Mr. Trump might choose him to fill a potential Supreme Court vacancy.\u201d Given this buzz around Bove, The New York Times spoke with \u201c[s]ome of those who have worked closely with Judge Bove\u201d over the past 10 months about his work ethic, his relationships with his new colleagues, and his approach to administration-related cases. Bove has \u201cshown a knack for persuading others \u2013 mostly the court\u2019s five other Trump appointees \u2013 to join his opinions. And he has recused himself from political matters he had touched while he was at the Justice Department in early 2025, which legal experts point to as an indication that he is cognizant of his ethical obligations.\u201d<\/p><\/div><\/div>

This \u2018conservative\u2019 Supreme Court decision could be the left\u2019s friend<\/h3>

Jason Willick, The Washington Post<\/svg><\/span><\/p>

In a column for The Washington Post, Jason Willick reflected on the significance of Trump v. Slaughter<\/em>, in which the court affirmed \u201cdirect presidential control over regulatory agencies \u2013 such as the FTC, the Federal Election Commission, the Nuclear Regulatory Commission, the Securities and Exchange Commission, [and] the Equal Employment Opportunity Commission.\u201d Willick contended that \u201chistory shows\u201d that the decision \u201cdoesn\u2019t necessarily favor right- or left-leaning policies. … Instead it amplifies the president\u2019s power over regulated companies and therefore the stakes of winning the White House for both parties.\u201d<\/p><\/div><\/div><\/div><\/div>

On Site<\/h2>
Court News<\/span>

Supreme Court allows Texas to enforce law requiring age verification and parental consent on apps<\/h3>

By Amy Howe<\/p>

The court on Monday allowed Texas to continue to enforce, at least for now, a law that requires app stores to verify its buyers\u2019 ages and obtain parental consent for minors to download apps and to purchase paid content within those apps. In a pair of brief, unsigned orders issued on Monday afternoon, the justices turned down requests to reinstate orders by a federal judge in Austin that barred the state from implementing the law. There were no public dissents from the orders.<\/p><\/div>

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From the SCOTUSblog Team<\/span>

The justices remained busy last summer. This year, will they actually get a break?<\/h3>

By Kelsey Dallas<\/p>

Last year\u2019s summer recess was not a typical one for the justices. They handled several significant matters on the court\u2019s interim or emergency docket, addressing requests from the Trump administration to, among other things, be allowed to reduce the size of the federal workforce and terminate $800 million in grants. Will this summer be quieter?<\/p><\/div>

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SCOTUS Outside Opinions<\/span>

Is the Roberts court hyperopic or willfully blind?<\/h3>

By Michael Dorf<\/p>

In a column for SCOTUSblog, Michael Dorf reflected on what we learned during the 2025-26 term about the conservative super-majority\u2019s relationship to the Trump administration. The conservative justices, overall, appeared to be \u201cblind to the consequences of handing ever more power to an authoritarian president,\u201d he wrote.<\/p><\/div>

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SCOTUS Outside Opinions<\/span>

The powerful, resilient, independent Supreme Court<\/h3>

By Jack Goldsmith<\/p>

In a column for SCOTUSblog, Jack Goldsmith contended that the court is successfully navigating threats to its authority posed by the Trump administration. \u201cOne can disagree with many of the Supreme Court decisions since Jan. 20, 2025. … But the fact is that the court\u2019s strategy has preserved and possibly enhanced its authority vis-\u00e0-vis the president and has resulted in the successful enforcement of significant legal constraints on the presidency, all in the face of a nearly unprecedented set of challenges,\u201d he wrote.<\/p><\/div>

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Podcasts<\/h2>
Divided Argument<\/span>

Smart Microwave<\/h3>

Dan Epps and Will Baude discuss Chatrie v. United States, the court\u2019s first major Fourth Amendment decision in years. They trace how the geofence-warrant ruling builds on \u2013 and goes beyond \u2013 Katz v. United States, United States v. Jones, and Carpenter v. United States, and what\u2019s left of the third-party doctrine and the mosaic theory.<\/p>

Read more The justices remained busy last summer. This year, will they actually get a break?<\/a><\/p><\/div><\/div><\/div><\/div><\/div>

A Closer Look<\/div>

The Justices and Summer<\/h3><\/div>

The justices, like all of us, want (and dare we say need?) some time off after the last opinion of the term drops in argued cases. But the nine justices don\u2019t quite get to pack their bags and peace out until early October. In the time that the justices do<\/em> get away from One First Street, some travel far from the capital and others take up fascinating hobbies.<\/p>

First, a bit of necessary context. Cert petitions are filed with the court over the entire year and do not pause for a summer break. Near the start of each new term, the court convenes for the \u201clong conference,\u201d a single large session at which the justices work through all the petitions that accumulated while they were on recess. So even as the justices disperse, a steady stream of cert petitions (and the corresponding memos from their clerks) follow them.<\/p>

Then there is the emergency docket, which in recent years, has become a serious complication to the ideal summer recess. In July 2024, Justice Elena Kagan said at the U.S. Court of Appeals for the 9th Circuit\u2019s annual judicial conference that summers were no longer what they had been. \u201cOur summers used to actually be summers,\u201d she said, remarking that the pace of emergency applications had turned what was once a semi-break into something more like a compressed term. By the end of that same summer, the court had issued rulings on 26 emergency applications since adjourning. The summer of 2025 ended up being even busier: from July to October, the court issued 42 substantive orders, compared to 15 over the same window in 2021.<\/p>

But those obligations are only half the story, since the justices do get to leave Washington at some point. Here are a few of the more notable travels:<\/p>

Justice David Souter, who served from 1990 until his retirement in June 2009, was somewhat famous for his summer travel. Per a former clerk, \u201cas soon as the Court broke for the holidays or summer recess, [Souter] was gone \u2013 [he] would get in his old VW Rabbit and drive nonstop back to his beloved New Hampshire.\u201d In Weare, New Hampshire, was the farmhouse he grew up in. The farmhouse, which had belonged to his grandparents, was so packed with books that the structure eventually became a concern \u2013 Souter would later tell a neighbor that the old two-story building was no longer sound enough to support the weight of his library, and he relocated to a home in nearby Hopkinton.<\/p>

Justice Clarence Thomas takes a different approach. Beginning in 1999, Thomas and his wife began spending their summers crisscrossing the United States in a 40-foot RV, often sleeping in Walmart parking lots along the way. \u201cWe have found it\u2019s a wonderful life,\u201d Ginni Thomas told NPR in 2009.<\/p>

Justice Ruth Bader Ginsburg\u2019s summers, meanwhile, had opera as an organizing principle. She attended the annual Glimmerglass Festival in upstate New York for nine summers. She was also a regular presence at the Santa Fe Opera, and in the summer of 2017 attended a Q&A following a performance of the opera \u201cScalia\/Ginsburg,\u201d which dramatized her decades-long friendship with Justice Antonin Scalia, at Glimmerglass.<\/p>

Teaching abroad has also become something of a tradition for several justices. Chief Justice John Roberts, along with Justices Ginsburg, Anthony Kennedy, Antonin Scalia, Sonia Sotomayor, Brett Kavanaugh, and Samuel Alito at various points taught in study-abroad programs at sites including Germany, Portugal, Ireland, Switzerland, Panama, Hawaii, Prague, London, Galway, and Malta. Kennedy taught at a summer program in Austria at the University of Salzburg for almost three decades, and Kavanaugh taught near London in 2019.<\/p>

Justice Neil Gorsuch has spent multiple summers in Padua, Italy, and Reykjavik, Iceland, co-teaching a separation of powers seminar through George Mason University\u2019s Antonin Scalia School of Law, and in 2021, Kagan joined him in Iceland as a guest lecturer. Gorsuch appears to be teaching in Prague this summer. In summer 2024, Roberts headed to Galway, Ireland for a class on Supreme Court history, while Gorsuch traveled to Porto, Portugal, for another two-week seminar. Justice Ketanji Brown Jackson will be speaking this summer at the University of Alaska Fairbanks. And Justice Amy Coney Barrett\u2019s travels have previously included Ireland and Rome.<\/p>

As Kagan said to the 9th Circuit in 2024, the justices\u2019 recess was once structured so they could step back \u201cbefore we went back to the hothouse of decision-making.\u201d We\u2019ll see if that holds true this summer.<\/p><\/div><\/div>

SCOTUS Quote<\/h2>

JUSTICE ALITO: \u201cWell, when I was on the court of appeals we thought it was our responsibility to ensure that the district courts were complying with the Sentencing Reform Act. That might not have been true across the river, but \u2013\u201c<\/p>

Read more The powerful, resilient, independent Supreme Court<\/a><\/p>

JUSTICE SOTOMAYOR: \u201cIt wasn’t.\u201d<\/p>

\u2014 (2013)<\/p><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

Plus, will the justices have a quiet summer?<\/p>\n","protected":false},"author":1,"featured_media":17,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19,5,4],"tags":[],"class_list":["post-344","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-divided-argument","category-from-the-scotusblog-team","category-newsletter"],"yoast_head":"\nThe latest emergency docket ruling - American Service Review<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/americanservicereview.com\/?p=344\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The latest emergency docket ruling - American Service Review\" \/>\n<meta property=\"og:description\" content=\"Plus, will the justices have a quiet summer?\" \/>\n<meta property=\"og:url\" content=\"https:\/\/americanservicereview.com\/?p=344\" \/>\n<meta property=\"og:site_name\" content=\"American Service Review\" \/>\n<meta property=\"article:published_time\" content=\"2026-07-07T13:11:39+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/americanservicereview.com\/wp-content\/uploads\/2026\/06\/e90c3cb2e59ec93f437f57269faae44a.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"2000\" \/>\n\t<meta property=\"og:image:height\" content=\"1333\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"10 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=344#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=344\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/#\\\/schema\\\/person\\\/220bfdac1627513926924476de32dedb\"},\"headline\":\"The latest emergency docket ruling\",\"datePublished\":\"2026-07-07T13:11:39+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=344\"},\"wordCount\":2046,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=344#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/americanservicereview.com\\\/wp-content\\\/uploads\\\/2026\\\/05\\\/803a164f9e7307fb35e1310eb4a0b4fe.jpg\",\"articleSection\":[\"Divided Argument\",\"From the SCOTUSblog Team\",\"Newsletter\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/americanservicereview.com\\\/?p=344#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=344\",\"url\":\"https:\\\/\\\/americanservicereview.com\\\/?p=344\",\"name\":\"The latest emergency docket ruling - 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