As we are all taught in elementary school, America’s constitutional system is built on checks and balances—each branch of government is meant to restrain the others, safeguarding our freedoms. But recently, the Supreme Court has quietly chipped away at these protections through a series of “shadow docket” decisions. These are fast-tracked rulings, often made without full public explanation or argument, and justified by claims of emergency. Instead of resolving emergencies, these decisions have created a genuine constitutional crisis by removing the judiciary’s power to check the executive in the critical area of deportations. Last week, two such rulings dramatically eroded constitutional checks and balances in an area where Trump’s overreach has been glaring: summary deportations without due process.
1. Trump v. CASA
The Supreme Court ruled that lower federal courts can no longer block government policies for everyone (so-called “nationwide” or “universal” injunctions). Now, if a court finds a deportation policy illegal, it can only protect the handful of people who actually sued—not the thousands or millions who might be affected.
This means if you’re not part of a lawsuit, you’re out of luck—even if a judge agrees the policy is unconstitutional.
2. Department of Homeland Security v. D.V.D.
The Court allowed the Trump administration to deport migrants to “third countries”—places they may never have been, and where they could face torture or death—without giving them notice or a chance to argue for their safety.
This decision was made on the “shadow docket”—an emergency process where the Court acts quickly, often without full arguments or written explanations. Only the three liberal justices dissented, warning of the dangers.
Why Is This a Constitutional Crisis?
The U.S. Constitution is built on checks and balances—each branch of government is supposed to keep the others in line. The courts are our last defense against government overreach. These two decisions have gutted that defense in the area of deportations:
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No More Broad Protections: Lower courts can’t stop illegal policies from hurting everyone. Only the Supreme Court can, and it rarely does.
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No Due Process: The government can now deport people without warning or a fair hearing—even to countries where they face grave danger.
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No Real Oversight: The Supreme Court made these decisions quickly, with little explanation, and strictly along partisan lines. That’s not how major constitutional questions are supposed to be settled.
What Does This Mean in Practice?
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If the government decides to deport you—even if you have a good legal case—you may have no time to fight back.
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If a judge says a deportation policy is illegal, it helps only the people who sued, not everyone affected.
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The President’s power to deport has become nearly unchecked. The only court that can stop him is the Supreme Court—and it has shown it’s unwilling to do so.
Is This Like What Happened in Hungary in the 2010s?
In Hungary (and also Poland) in the 2010s, ruling parties took control of the courts to cement their power and silence opposition. Hungary has since become a type of authoritarian regime that maintains only the appearance of democracy.
The U.S. isn’t there yet—our courts haven’t been packed or dissolved—but the speed and boldness of these Supreme Court decisions echo the early steps seen in those countries. The difference is mostly one of pace and method, not direction.
The Stakes
Checks and balances are not just legal technicalities—they are what keep us free. When the courts can’t check the President, the door opens to abuse, mistakes, and injustice.
Today it’s immigrants. Tomorrow, it could be anyone the government decides to target.
In Sum:
These two Supreme Court decisions, made in the shadows and along
partisan lines, have left the President’s deportation powers almost
totally unchecked. This is a constitutional crisis—one that
threatens the very idea of an independent judiciary and the American
promise of due process for all.
Sources
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Slate: “The Supreme Court Just Gave Trump Unchecked Power to Deport Immigrants to Torture and Death” (June 2025)
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The Nation: “The Supreme Court’s Shadow Docket Is Dismantling Due Process” (June 2025)
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NY Times: “Supreme Court Lets Trump Deport Migrants to Countries Other Than Their Own” (6/23/25)
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NY Times: “In Birthright Citizenship Case, Supreme Court Limits Power of Judges to Block Trump Policies” (6/27/25)
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Vox: “The Supreme Court’s Shadow Docket Is a Threat to Democracy” (June 2025)
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SCOTUSblog analysis of Trump v. CASA, Inc. and DHS v. D.V.D.
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Comparative studies of judicial erosion in Hungary and Poland, e.g., Kim Lane Scheppele, Princeton University; Human Rights Watch reports (2012–2018)
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U.S. District Court rulings and Supreme Court orders (2025)