Key facts
- Justice Ketanji Brown Jackson expressed serious concerns about the Supreme Court's handling of emergency requests.
- Jackson stated that the court's modern stay practices are having a disruptive and potentially corrosive effect.
- The Trump administration has used the emergency docket to advance its agenda, filing over 30 requests since January 2025.
- The emergency docket allows for quick rulings on consequential cases with less legal review and explanation.
- Justice Elena Kagan noted improvements in the court's justification for emergency rulings.
Supreme Court Justice Ketanji Brown Jackson on Thursday voiced significant concerns regarding her colleagues' use of the "shadow docket" for emergency requests, a practice frequently utilized by the Trump administration. Jackson, one of the court's three liberal justices, stated that this method of issuing rulings without extensive legal review or public explanation undermines faith in the judicial system.
Her remarks followed a new emergency request filed by the Trump administration, seeking to continue deporting immigrants to countries other than their own. The emergency docket allows plaintiffs to seek immediate relief from the Supreme Court, with justices able to grant or dismiss requests rapidly. The Trump administration has reportedly used this avenue extensively, filing over 30 emergency requests since January 2025, many of which have been granted, enabling actions such as temporarily ending protections for asylum seekers and rolling back environmental regulations.
While acknowledging that the court has begun to provide more justification for its emergency rulings, as noted by Justice Elena Kagan in July, Jackson argued that these explanations are still insufficient compared to those provided in merit cases. She warned that the emergency docket could become a way to circumvent the standard review process.
Meanwhile, Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett attended a state dinner at the White House with President Donald Trump and Chinese President Xi Jinping.