Emergency Docket 2023-24
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.
Decided applications are listed by decision date. View this list sorted by case name.
Pending applications
| Docket | Case Page | Issue(s) |
|---|---|---|
| 23A469 | Moyle v. U.S. | Whether the Supreme Court should stay the order by the U.S. District Court for the District of Idaho enjoining the enforcement of Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, on the ground that the Emergency Medical Treatment and Labor Act preempts it. |
| 23A470 | Idaho v. U.S. | Whether the Supreme Court should stay the order by the U.S. District Court for the District of Idaho enjoining the enforcement of Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, on the ground that the Emergency Medical Treatment and Labor Act preempts it. |
| 23A449 | Petteway v. Galveston County, Texas | Whether the Supreme Court should vacate the stay by the U.S. Court of Appeals for the 5th Circuit of the district court’s injunction of the district map drawn by commissioners of Galveston County, Texas, because the map violated Section 2 of the Voting Rights Act. |
| 22A384 | U.S. Steel Corporation v. Environmental Protection Agency | Whether the court should stay the Environmental Protection Agency’s Federal “Good Neighbor Plan” for the 2015 Ozone National Ambient Air Quality Standards as it applies to reheat furnaces and boilers at iron and steel mills. |
| 23A349 | Ohio v. Environmental Protection Agency | Whether the Supreme Court should stay the Environmental Protection Agency’s federal emission reductions plan, the ‘Good Neighbor Plan.’ |
| 23A350 | Kinder Morgan v. Environmental Protection Agency | Whether the Supreme Court should stay the Environmental Protection Agency’s “Good Neighbor Plan” as it applies to engines used for pipeline transportation of natural gas. |
| 23A351 | American Forest & Paper Association v. Environmental Protection Agency | Whether the Supreme Court should stay the Environmental Protection Agency’s “Federal ‘Good Neighbor Plan’ for the 2015 Ozone National Ambient Air Quality Standards.” |
Decided applications
| Docket | Case Page | Issue(s) | Decision |
|---|---|---|---|
| 23A452 | Toma v. U.S. District Court for the District of Arizona | Whether the Supreme Court should stay the U.S. District Court for the District of Arizona’s order that requires Speaker of the Arizona House of Representatives Ben Toma and President of the Arizona Senate Warren Petersen to be deposed about their personal motives for voting to enact two state voting laws, H.B. 2243 and H.B. 2492. | Emergency application for stay is denied on Nov. 27, 2023. |
| 23A417 | Smith v. Rogers | Whether the Supreme Court should stay the U.S. District Court for the Eastern District of Louisiana's order denying qualified immunity and finding a lack of probable cause to effectuate an arrest made under the authority of a valid arrest warrant. | Emergency application for stay denied on November 22, 2023. |
| 23A429 | McWhorter v. Alabama | Whether the court should stay of the execution of Casey McWhorter. | Emergency application for stay of execution denied on November 16, 2023. |
| 23A440 | Renteria v. Lumpkin | Whether the court should stay of the execution of David Renteria. | Emergency application for stay of execution denied on November 16, 2023. |
| 23A402 | McWhorter v. Alabama | Whether the court should stay of the execution of Casey McWhorter. | Emergency application for stay of execution denied on November 16, 2023. |
| 23A366 | Griffin v. HM Florida-ORL | Whether the Supreme Court should stay the district court’s preliminary injunction enjoining Florida’s Protection of Children Act. | Emergency application for stay denied on Nov. 16, 2023. |
| 23A364 | BP America Production Company v. Parish of Cameron, Louisiana | Whether the Supreme Court should stay the commencement of the Nov. 27 trial so that BP America Production, Hilcorp Energy, and Shell Oil may pursue a change of venue to a neutral forum. | Emergency application for stay is denied on Nov. 7, 2023. |
| 23A315 | West Flagler Associates v. Haaland | Whether the Supreme Court should stay Florida’s 2021 Indian Gaming Regulatory Act compact with the Seminole Tribe of Florida allowing the tribe to conduct online sports gambling anywhere in the state as long as servers are located on tribal land. | Emergency application for stay is denied on Oct. 25, 2023. |
| 23A243 | Murthy v. Missouri | Whether the Supreme Court should stay the injunction of the U.S. District Court for the Western District of Louisiana restricting federal officials’ and employees’ speech concerning content moderation on social media platforms. | Emergency application for stay is granted on Oct. 20, 2023. |
| 23A296 | Missouri v. U.S. | Whether the Supreme Court should stay the district court’s injunction of Missouri’s Second Amendment Preservation Act. | Emergency application for stay is denied on Oct. 20, 2023. |
| 23A281 | Robinson v. Ardoin | Whether the Supreme Court should stay the writ of mandamus entered by the U.S. Court of Appeals for the 5th Circuit cancelling a remedial hearing and granting an opportunity for the Louisiana legislature to develop its own remedy for the likely vote dilution found by the district court in its voting map plan. | Emergency application for stay is denied on Oct. 19, 2023. |
| 23A282 | Galmon v. Ardoin | Whether the Supreme Court should stay the writ of mandamus entered by the U.S. Court of Appeals for the 5th Circuit cancelling a remedial hearing and granting an opportunity for the Louisiana legislature to develop its own remedy for the likely vote dilution found by the district court in its voting map plan. | Emergency application for stay is denied on Oct. 19, 2023. |
| 23A302 | Garland v. Blackhawk Manufacturing Group | Whether the Supreme Court should vacate the injunction entered on Sept. 14 by the U.S. District Court for the Northern District of Texas blocking the federal government from enforcing a Bureau of Alcohol, Tobacco, Firearms, and Explosives rule regarding ghost guns against gun manufacturers Blackhawk Manufacturing and Defense Distributed. | Emergency application to vacate injunction is granted on Oct. 16, 2023. |
