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Emergency Docket 2022-23

The Supreme Court’s emergency docket, also known as the shadow docket, consists of applications seeking immediate action from the court. Unlike the merits docket, these cases are handled on an expedited basis with limited briefing and no oral argument, and the court often resolves them in unsigned orders with little or no explanation. This page shows significant emergency applications that have been filed during the current term.

Applications involving the death penalty are shaded in gray. Applications involving all other topics are in white.

Case pages are listed by date filed. View this list sorted by case name.

Pending applications

Docket Case Page Issue(s)
22A800 West Virginia v. B.P.J. Whether the Supreme Court should vacate the U.S. Court of Appeals for the 4th Circuit's injunction of a West Virginia law that bans girls who are transgender from participating in girl's sports in school.

Decided applications

Docket Case Page Issue(s) Decision
22A788 Brown v. Texas Whether the Supreme Court should stay the execution of Arthur Brown Jr. Application for stay of execution is denied on March 9, 2023.
22A724 Balentine v. Texas  Whether the Supreme Court should stay the execution of John Balentine. Application for stay of execution is denied on Feb. 8, 2023.
22A709 Taylor v. Vandergriff Whether the Supreme Court should stay the execution of Leonard Taylor. Emergency application for stay of execution is denied on Feb. 7, 2023.
22A683 Ruiz v. Texas Whether the Supreme Court should stay the execution of Wesley Ruiz. Application for stay of execution denied on February 1, 2023.
22A603 Fratta v. Texas Whether the Supreme Court should stay the execution of Robert Alan Fratta. Application for stay of execution is denied on January 10, 2023.
22A557 Antonyuk v. Nigrelli Whether the Supreme Court should vacate the U.S. Court of Appeals for the 2nd Circuit's stay of a preliminary injunction designed to limit New York's enforcement of a gun control statute. Emergency application to vacate stay of preliminary injunction is denied on January 11, 2023.
22A543 Fratta v. Lumpkin Whether the Supreme Court should stay the execution of Robert Alan Fratta. Application for stay of execution denied on January 9, 2023.
22A463 Johnson v. Missouri Whether the Supreme Court should stay the execution of Kevin Johnson. Application for stay of execution denied on November 29, 2022. Justices Sotomayor and Jackson would have granted the application.
22A474 R.J. Reynolds Tobacco Company v. Bonta Whether the Tobacco Control Act expressly preempts state and local laws that prohibit the sale of flavored tobacco products. Application for injunction denied on December 12, 2022.
22A441 Hamm v. Smith Whether the court should vacate the stay of execution of Kenneth Eugene Smith. Application to vacate the stay of execution is granted on November 17, 2022. Justices Sotomayor, Kagan, and Jackson would deny the application.
22A439 Fairchild v. Farris Whether the Supreme Court should stay the execution of Richard Fairchild. Application for stay of execution is denied on November 17, 2022. Justice Gorsuch took no part in the consideration or decision of this application.
22A425 Hooper v. Shinn Whether the court should stay the execution of Murray Hooper. Application for stay of execution is denied on November 16, 2022.
22A424 Barbee v. Collier Whether the court should stay the execution of Stephen Barbee. Application for stay of execution is denied on November 16, 2022.
22A423 Smith v. Alabama Whether the court should stay the execution of Kenneth Smith. Application for stay of execution is denied on November 16, 2022.
22A414 Johnson v. Missouri Whether the court should stay the execution of Kevin Johnson. Application for stay of execution denied on November 23, 2022.
22A486 Fratta v. Texas Whether the Supreme Court should stay the execution of Robert Alan Fratta. Application for stay of execution denied on January 9, 2023.
22A362 Trump v. Committee on Ways and Means Whether the Supreme Court should stay a decision of the U.S. Court of Appeals for the District of Columbia Circuit that held that the House Ways and Means Committee may obtain former President Donald Trump’s tax returns. Emergency application for stay is denied on Nov. 22, 2022.
22A350 Ward v. Thompson Whether the court should block a subpoena from the Jan. 6 committee seeking the phone records of Kelli Ward, chair of the Arizona Republican Party. Application for stay and injunction is denied on November 14, 2022. Justices Thomas and Alito would grant the application for stay and injunction.
22A337 Graham v. Fulton County Special Purpose Grand Jury Whether the Supreme Court should block a district court’s ruling that ordered Sen. Lindsey Graham to testify before a Georgia grand jury investigating possible election interference. Emergency application for stay and injunction pending appeal denied on November 1, 2022.
22A317 Cole v. Farris (1) Whether it violates the Eighth Amendment and this court's decisions in Ford v. Wainwright and Panetti v. Quarterman for a state court to bypass procedural safeguards when there are disputed issues of fact; (2) Whether it violates the Fourteenth Amendment for a warden, who is directly in charge of carrying out the execution, to also assume the role of gatekeeper to the execution competency process; and (3) Whether the state of Oklahoma's procedural framework for determining competency to be executed violates the Eighth Amendment, and the court's decision in Ford v. Wainwright and Panetti v. Quarterman. Application for emergency stay is denied on October 19, 2022.
22A283 Trump v. U.S. Whether the Supreme Court should vacate the portion of the U.S. Court of Appeals for the 11th Circuit's stay of a Special Master order that limits the scope of review of documents seized from President Donald Trump's home to those bearing classification markings. Emergency application to vacate stay is denied on Oct. 13, 2022.