Justice Ketanji Brown Jackson said the Supreme Court has permitted the Trump administration to implement disputed policies by bypassing standard litigation in lower courts. The Justice criticized her colleagues for misusing the court’s emergency docket, which enables executive actions to move forward while legal challenges remain pending, effectively neutralizing judicial review.
Jackson warned on Thursday that the current handling of the emergency process risks an enormously disruptive and potentially corrosive effect on the federal judiciary. The comments signal an ongoing rift over the use of the so called shadow docket, where the court makes substantial rulings without full briefing or oral arguments.
