Chief justice's legacy, emergency docket, president's power likely themes of new SCOTUS term

""The chief is now-the fourth-longest serving chief justice in American history; he's now served longer than Chief Justice [William H.] Rehnquist did," Kannon K. Shanmugam, a partner at Paul, Weiss, and a frequent advocate before the court, said at a Federalist Society event this week recognizing the anniversary. "This chief's legacy will depend on how much longer he serves as chief and where the court goes.""

"Another theme is the emergency docket, where litigants seek some form of fast-track relief, which continues to grow and at times dominates the attention of the court. "We're getting the legal equivalent of fast food, with a line for the drive-thru," University of Chicago law professor Samuel L. Bray says regarding the emergency docket, which is also known as the shadow docket, the interim docket and other names."

"The third theme involves President Donald Trump and his administration, which in his second term have cast a shadow over the court even more than in his first. "One question "that is looming over this term is ... whether this court is really a rubber stamp for this administration or not," said Gregory G. Garre, a partner at Latham & Watkins and a former U.S. solicitor general under President George W. Bush."

The new U.S. Supreme Court term begins Oct. 6 and is expected to operate normally despite a federal budgetary shutdown because of fees and reserves. Chief Justice John Roberts passed the 20-year mark on Sept. 29 and continues to try to steer the court and the federal judiciary through low public esteem and administrative challenges. Roberts is now the fourth-longest serving chief justice and has served longer than Chief Justice William H. Rehnquist. The emergency or shadow docket continues to grow and sometimes dominates the court's attention. The Trump administration's actions in a second term have cast an increased shadow, raising questions about the court's independence.

Read at ABA Journal