The big SCOTUS decisions looming

Summary

Podcast Summary: Consider This from NPR
Episode: The Big SCOTUS Decisions Looming
Release Date: June 16, 2025

In this episode of NPR's Consider This, host Ari Shapiro delves into the impending Supreme Court (SCOTUS) decisions that are set to have significant repercussions on U.S. policies and legal precedents. Legal affairs correspondent Nina Totenberg provides an in-depth analysis of the cases poised for judgment, highlighting the increasing influence of the Court's emergency docket, often referred to as the "shadow docket."

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1. White House Criticism of Federal Judges

The episode opens with a discussion on the Trump administration's strained relationship with the judiciary. White House officials, including Press Secretary Caroline Levitt and Deputy Chief of Staff Stephen Miller, have publicly criticized federal judges, labeling them as "activist" and "rogue."

• Caroline Levitt [00:17]: "We have very bad judges. And these are judges that shouldn't be allowed."
• Stephen Miller [01:09]: "These are real judges in the court of law who are trying to block the president's power and the policies that he was elected to enact."

The administration's aggressive use of executive power—reshaping federal agencies, altering immigration policies, and imposing tariffs—has frequently resulted in legal challenges. Levitt highlighted the frequency of injunctions against Trump's policies:

• Stephen Miller [00:49]: "Injunctions in one full month of office in February than Joe Biden had and in three years."

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2. The Rise of SCOTUS's Emergency Docket

Nina Totenberg explains a significant shift in the Supreme Court's operations, noting a dramatic increase in cases handled through the emergency docket since the Trump administration began.

• Nina Totenberg [04:10]: "The emergency docket, sometimes referred to as the shadow docket, is taking up more and more of the justices' time."

Historically, the emergency docket was reserved for cases like death penalty appeals or election disputes. However, under Trump, there has been a surge:

• Nina Totenberg [04:19]: "In the first 20 weeks of the second administration, Trump sought emergency actions from the court in 19 cases, and the justices have so far ruled in favor of the administration in 10 of the 12 decided cases."

This influx has put considerable pressure on the Court, leading to swift decisions that often favor executive actions without extensive deliberation.

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3. Key Forthcoming SCOTUS Cases

a. Birthright Citizenship

One of the most anticipated cases challenges the principle of birthright citizenship. The Trump administration argues that the Constitution does not guarantee citizenship to individuals born on U.S. soil.

• Nina Totenberg [05:42]: "Trump is trying to prevent lower court judges from issuing rulings that bar policies found to be illegal legal in the whole country."

Despite Republican-appointed judges dismissing this claim, the administration seeks to overturn these decisions, aiming to restrict the widespread impact of lower court rulings.

b. Gender-Affirming Care for Minors

Twenty-five states have enacted laws prohibiting minors from accessing puberty blockers as part of gender transition treatments. The legal challenge asserts that these laws constitute unconstitutional discrimination based on sexual orientation.

• Nina Totenberg [06:48]: "Trans kids and their parents contend that these laws unconstitutionally discriminate against them based on sexual orientation because the same medications they are banned from using are legal for other conditions in minors."

This case addresses crucial questions about medical autonomy and the rights of transgender youth.

c. Religious Freedom in Public Schools

A pivotal case involves parents seeking the ability to opt their children out of educational content that conflicts with their religious beliefs, specifically materials featuring LGBTQ characters.

• Nina Totenberg [07:29]: "If the Supreme Court sides with the parents... school officials fear that everyone would want to opt out of something leading to frequent disruption in classes."

A ruling in favor of the parents could set a precedent for religious exemptions in public education, potentially affecting curriculum standards nationwide.

d. Texas's Online Age Verification Law

Texas has implemented a law requiring online users, including adults, to verify their age before accessing pornography. The legal challenge questions the constitutionality and privacy implications of such a measure.

• Nina Totenberg [08:07]: "There's an important case challenging a Texas law that in an effort to crack down on kids, access to pornography requires everyone, including adults, online to provide proof of age first."

This case navigates the balance between protecting minors and upholding adults' privacy rights.

e. Affordable Care Act (ACA) Preventive Care

Opponents of the ACA are targeting the provision that mandates insurance companies to cover certain preventive services at no cost to consumers.

• Nina Totenberg [08:07]: "There's always the possibility it could be thrown out and there's more."

A decision against the ACA's preventive care measures could destabilize millions of Americans' healthcare benefits.

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4. Implications and Future Outlook

The impending SCOTUS decisions are poised to redefine constitutional interpretations on citizenship, healthcare, religious freedoms, and individual rights. The Court's increased reliance on the emergency docket suggests a shift towards more expedited and potentially precedent-altering rulings, bypassing the traditional thorough deliberative processes.

Nina Totenberg emphasizes the critical nature of these decisions:

• Nina Totenberg [08:40]: "Ari, I'm just tired thinking about this."

As the Court navigates these complex cases, the outcomes will have profound impacts on federal policies and citizens' daily lives.

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Conclusion

This episode of Consider This provides a comprehensive overview of the Supreme Court's upcoming decisions, highlighting the judiciary's evolving role in shaping national policy. With the shadow docket's expanding influence, the Court stands at a crossroads, balancing swift justice with meticulous legal scrutiny. Listeners are left to contemplate the far-reaching effects these rulings may have on American society and governance.

Transcript

[Ari Shapiro]

As the White House sees it, there is a recurring villain in the drama of President Trump's second term judges.

[Stephen Miller]

It's very, very clear that this is an activist judge from these radical, rogue judges.

[Kate Shaw]

We have bad judges.

[Nina Totenberg]

We have very bad judges. And these are judges that shouldn't be allowed.

[Ari Shapiro]

That was White House Press Secretary Caroline Levitt, Deputy Chief of Staff Stephen Miller, and, of course, Trump himself, who was speaking to Fox News. Many of Trump's actions have ended up before federal judges. His administration has pushed the limits of executive power. Acting without Congress, Trump has reshaped and eliminated federal agencies. He's made major changes to U.S. immigration policy, and he's imposed massive tariffs. And many of those actions have been blocked in court. As Levitt complained in a White House briefing last month, President Trump had more.

[Stephen Miller]

Injunctions in one full month of office in February than Joe Biden had and in three years.

[Ari Shapiro]

Nationwide injunctions allow a federal judge at the district level to block a policy from taking effect all across the country. So a federal judge in, say, New York can block an executive order that would affect the entire country.

[Stephen Miller]

These are real judges in the court of law who are trying to block the president's power and the policies that he was elected to enact.

[Ari Shapiro]

Now, many legal scholars argue that there's a reason Trump is facing so many injunctions and losing cases in front of judges appointed by both Republicans and Democrats. Democrats. Here's Kate Shaw, a professor at the University of Pennsylvania Carey Law School, testifying before a Senate subcommittee this month.

[Kate Shaw]

The reason there has been such wide and cross ideological consensus over the impermissibility of the administration's actions is because the actions have been plainly unlawful. And that has been clear to jurists of all stripes.

[Ari Shapiro]

The fate of nationwide injunctions currently hangs in the balance, as Levitt alluded to in that briefing.

[Stephen Miller]

We hope that the Supreme Court will weigh in and rein them in.

[Ari Shapiro]

Any day now, the court will issue a decision, do away with those injunctions and give the Trump administration more room to exert unilateral power. Consider this. That's one of many big opinions the Supreme Court will issue in the weeks ahead. After the break, we'll look at what's to come and what it could mean. From npr, I'm Ari Shapiro.

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[Nina Totenberg]

I'm Lara Schmidt.

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[Ari Shapiro]

It'S consider this from NPR. Around this time every year, the U.S. supreme Court ends its term with a bang. The justices typically save their biggest rulings for June. And so NPR legal affairs correspondent Nina Totenberg is here to talk about what she is looking at and what we can expect. Hi, Nina.

[Nina Totenberg]

Hi, Ari.

[Ari Shapiro]

Some really important orders you're expecting are in cases that were not argued this term. What's going on there?

[Nina Totenberg]

You know, Ari, to some extent, the Supreme Court used to be a relatively stately beat with its own kind of rhythm and predictability. But something happened in the first Trump administration that in the second Trump administration has now morphed into a phenomenon that has really changed the nature of the court's work.

[Ari Shapiro]

How so? What's the change?

[Nina Totenberg]

Well, put simply, the emergency docket, sometimes referred to as the shadow docket, is taking up more and more of the justice's time.

[Ari Shapiro]

There's always been an emergency docket. What's different now?

[Nina Totenberg]

Yes, there was always an emergency docket, you know, for death penalty cases, for example, or maybe an election case. But the tale here is really in the numbers in the two Bush and Obama administrations. And here we're talking about a period of 16 years the government filed a request for emergency action on only eight times. So now let's look at the second Trump term. Again, the numbers tell the tale. In the first 20 weeks of the second administration, Trump sought emergency actions from the court in 19 cases, and the justices have so far ruled in favor of the administration in 10 of the 12 decided cases. These are consequential cases involving the administration's efforts to lay off federal workers, shutter federal agencies and deport people without due process. The bottom line here is that the workload at the court has increased exponentially on the emergency docket. And the court is most often deferring to the president, blocking the decisions of lower courts without explanation and then telling them to spend months litigating these critical disputes further, regardless of the impact on whole agencies or people rounded up for deportation.

[Ari Shapiro]

Interesting. And then there's the entire docket of cases that have been briefed, argued. We're waiting for the outcome on what's left to decide there.

[Nina Totenberg]

There are 20 cases left, about a third of the docket, almost certainly the biggest one, is birthright citizenship, the case in which President Trump claims that the Constitution doesn't guarantee citizenship to babies born in the United States. To date, no judge, including Republican appointed judges, has agreed with Trump's legal claim. But the administration, I think knowing that they would lose birthright citizenship, didn't actually appeal those lower court rulings. Yes, the Justice Department asked the court to block them, but for a different reason. The administration claims that those lower court judges exceeded their power when they made their rulings that apply not just to the litigants or the region, but to the whole country. In other words, Trump is trying to prevent lower court judges from issuing rulings that bar policies found to be illegal legal in the whole country.

[Ari Shapiro]

Hmm. So that's the top case you're watching. What else are you looking out for?

[Nina Totenberg]

The case testing state laws that bar minors from having access to puberty blockers as they transition away from their sex at birth. 25 states have enacted laws banning gender affirming care for minors. And these trans kids and their parents contend that these laws unconstitutionally discriminate against them based on sexual because the same medications they are banned from using are legal for other conditions in minors, conditions like endometriosis or early onset puberty.

[Ari Shapiro]

This conservative court has really redefined religious freedom over the last several terms. Are we likely to see that again before the end of this term?

[Nina Totenberg]

Yes. There's a very important case that has school administrators shaking in their boots. It's a case in which parents want to be able to have an opt out provision in public school excusing their children from class when the material being used in this case, it was books with some LGBTQ characters, is offensive to the parents religious views. If the Supreme Court sides with the parents, and it certainly sounded that way at the oral argument, school officials fear that everyone would want to opt out of something leading to frequent disruption in classes.

[Ari Shapiro]

And then what are the other cases of the 20 that you're paying close attention to?

[Nina Totenberg]

There's an important case challenging a Texas law that in an effort to crack down on kids, access to pornography requires everyone, including adults, online to provide proof of age first. There's also another challenge to the Affordable Care Act. This time, opponents of the ACA are targeting a measure that requires all insurance companies to provide certain free preventive care. It's something millions of people now take for granted. And, you know, there's always the possibility it could be thrown out and there's more. But Ari, I'm just tired thinking about this.

[Ari Shapiro]

Well, we'll be with you for the rulings. Look forward to hearing your coverage. NPR's Nina Totenberg.

[Nina Totenberg]

Thank you, Ari.

[Ari Shapiro]

This episode was produced by Brianna Scott and Connor Donovan. It was edited by Krishnadev Kolamoor and Jeanette Woods. Our executive producer is Sami Yenigun. It's Consider this from npr. Hi, I'm Ari Shapiro.

[Kate Shaw]

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[Kate Shaw]

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