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During a recent address at the U.S. Court of Appeals for the Eighth Circuit judicial conference, Supreme Court Justice Brett Kavanaugh shed light on the increasing pressure faced by the judicial system amidst a surge of executive orders. His comments came as President Donald Trump encounters numerous legal challenges aimed at obstructing his policy initiatives during his second term.
Kavanaugh referenced the actions of past presidents, noting that both political parties over the last two decades have relied heavily on executive measures. According to reports, he stated that these efforts to advance presidential objectives often lead to swift legal battles.
He remarked that the practices of recent presidents, including Obama, Biden, and Trump, have involved a significant reliance on executive action. Kavanaugh pointed out, “The phrase was ‘pen and phone’ for President Obama, and we see similar trends with Presidents Biden and Trump, leading to quick challenges in the courts.”
Highlighting the nature of emergency judicial proceedings, Kavanaugh noted a stark difference in how decisions are communicated. While typical Supreme Court rulings provide clear reasoning and explanations, the emergency docket frequently lacks such details.
Kavanaugh remarked, “We’ve been doing certainly more written opinions on the interim orders docket than we’ve done in the past,” emphasizing a trend towards more transparent judicial decision-making even in urgent matters.
Despite this increase in written opinions, he acknowledged a potential drawback. Issuing written opinions too hastily may generate what he described as a “risk” of creating a
