Kagan Urges Caution in Supreme Court Use of ‘Shadow Docket’

In a speech at the Ninth Circuit’s judicial conference, U.S. Supreme Court Justice Elena Kagan expressed strong concerns about the Court’s increasing reliance on the “shadow docket” — emergency rulings issued without full briefing, oral arguments, or detailed explanation. She urged caution, noting that such untransparent decisions can undermine lower courts and judicial accountability. Kagan’s remarks follow her dissent in a case allowing President Trump to remove members of the Consumer Product Safety Commission, which she saw as part of a pattern of the Court enabling the administration without sufficient justification. She also warned about threats to judicial independence and safety amid political attacks, including impeachment efforts against judges. Reflecting on her minority status in many recent 6–3 decisions favoring Trump policies, Kagan voiced frustration but affirmed respect for her colleagues’ integrity.

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