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Alito Warns Emergency Appeals Overwhelm Supreme Court Docket

By Drooid · Oct 6, 2026, 10:31 PM UTC · How we work

Summary

Alito Warns Emergency Surge

Justice Samuel Alito said the surge in emergency appeals overwhelms the Supreme Court’s docket.
He noted emergency petitions now equal the Court’s annual count of fully briefed cases.
Alito warned the trend began under President Donald Trump’s second term and will likely continue.
He called the Trump administration’s harsh rhetoric about the Court offensive.

Summary

Supreme Court Rejects Davis

Justice Samuel Alito says the 2015 Obergefell decision marked the turning point against religious liberty.
Alito dissented in the 5-4 Obergefell ruling, warning that labeling believers’ opposition as bigotry could marginalize them.
The Supreme Court rejected former Kentucky clerk Kim Davis’s 2025 appeal seeking to overturn Obergefell.
President Joe Biden’s 2022 Respect for Marriage Act provides federal protection for same-sex marriages if Obergefell is reversed.

History

Historical Context

Congress enacted the Religious Freedom Restoration Act in 1993 after Chuck Schumer and Ted Kennedy introduced it to reverse 1990 Smith decision; three senators opposed. Court limited RFRA to law in City of Boerne v. Flores (1997) and upheld it in Gonzales (2006) and Hobby Lobby (2014). Justice Samuel Alito cites it while warning that Trump-era petition surge and 2015 Obergefell ruling threaten religious liberty.

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Alito Warns Emergency Surge

Justice Samuel Alito said the surge in emergency appeals overwhelms the Supreme Court’s docket.
He noted emergency petitions now equal the Court’s annual count of fully briefed cases.
Alito warned the trend began under President Donald Trump’s second term and will likely continue.
He called the Trump administration’s harsh rhetoric about the Court offensive.

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