Supreme Court Justice Ketanji Brown Jackson spoke out this week against the court’s use of the emergency docket, saying that the fast-tracked decisions risk upending the federal judiciary’s order.
The emergency docket is commonly referred to as the “shadow docket” by critics who oppose the court’s expedited, unsigned rulings, often handed down with limited oral arguments or explanations. Use of the emergency docket has become increasingly prevalent under the Trump administration, which has sought immediate relief from lower court rulings while cases make their way through the judicial system.
In Jackson’s remarks, which were delivered to a crowd at the University of the District of Columbia as part of a lecture, she said the emergency docket poses an “enormously disruptive and potentially corrosive effect” on the federal judiciary because it may appear the court is circumventing the legal review process.
“We cannot expect the public to have faith in our judicial system if, without clear explanation, we are consistently green-lighting harmful acts that do real damage to litigating plaintiffs,” said Jackson, a Biden appointee.
Trending
Jackson added that the Supreme Court’s current use of the emergency docket is a departure from previous approaches.
“It has been noticeably less restrained, especially with respect to pending cases that involve controversial matters,” Jackson said.
Jackson made similar remarks in a July 16 appearance at a research university in Alaska, where she said it was a “net negative for the court to be evaluating issues on the emergency docket.”
Under the current Trump administration, the emergency docket has provided relief in cases involving the Pentagon’s ban of transgender service members, employee firings by the executive branch and terminating Temporary Protected Status for certain immigrants.
Justice Elena Kagan, an Obama appointee, acknowledged concerns about the use of the emergency docket while speaking at a congressional hearing in July, but she added that the court has elaborated on its decisions when appropriate.
Author
