Supreme Court Justices Address Rising Emergency Requests This Summer

During a recent appearance at New York University School of Law, Justice Elena Kagan expressed concerns about the increasing number of emergency requests the Supreme Court is handling, particularly during the summer months. She noted that this trend began towards the end of the Trump administration and has continued under President Biden, with many cases involving challenges to Environmental Protection Agency regulations from Republican-led states. Kagan emphasized that the court's efficiency suffers when it deals with a high volume of unanticipated petitions, which often lead to temporary solutions rather than addressing the core issues at hand. Justice Neil Gorsuch suggested that the decline in the Supreme Court's overall caseload may be linked to fewer appeals reaching the justices, potentially due to the pandemic's impact on lower courts and the rise of technology that allows for easier identification of circuit splits. He indicated that if lawyers desire more cases to be heard, they should file more petitions. Veteran advocates, including former Solicitor General Paul Clement, have criticized the current trend of fewer cases, arguing that a fuller docket would better represent the court's diverse responsibilities. Clement pointed out that the perception of the court could be skewed if it only takes on a limited number of controversial cases, such as those related to race, abortion, and former President Trump. Justice Sonia Sotomayor also highlighted the increasing demands on the court, noting that the workload has become more substantial in recent years. As the justices prepare for their annual long conference at the end of September, they will be looking to add more cases to their schedule for the upcoming term.