Jackson blasts Supreme Court’s ‘shadow docket’: ‘We cannot expect public trust'

Justice Ketanji Brown Jackson criticized her colleagues’ emergency rulings as the court handles a growing number of disputes involving Trump policies
Jackson delivered the remarks on Thursday at the University of the District of Columbia’s law school in Washington (Getty Images)
Jackson delivered the remarks on Thursday at the University of the District of Columbia’s law school in Washington (Getty Images)

WASHINGTON, DC: Supreme Court Justice Ketanji Brown Jackson publicly criticized her colleagues on Thursday, September 24, over the court’s use of its emergency docket, saying the justices have become “noticeably less restrained” when intervening in controversial cases. 

Speaking at the University of the District of Columbia law school, Jackson warned that repeated emergency decisions without clear explanations could damage public confidence in the judiciary.

WASHINGTON, DC - MARCH 09: Supreme Court nominee Ketanji Brown Jackson and Sen. Mike Lee (R-UT) pose
Justice Ketanji Brown Jackson addressed the Supreme Court’s handling of emergency cases during remarks at the University of the District of Columbia (Getty Images)

The remarks came as the court continues handling emergency applications involving President Donald Trump’s policies.

Ketanji Brown Jackson calls for greater judicial restraint

Jackson said the court should return to “first principles” and avoid routinely stepping into politically contentious disputes before normal litigation has run its course.

She described the emergency docket as “problematic” and questioned whether it was becoming a faster route for some litigants to obtain Supreme Court intervention.

WASHINGTON, DC - AUGUST 12: The U.S. Supreme Court is seen at sunset on August 12, 2026 in Washington, DC. (Photo by Kevin Carter/Getty Images)
Jackson said the Court has become 'noticeably less restrained' when handling politically contentious cases (Kevin Carter/Getty Images)

“If we’re not careful, the emergency docket can and will become an end run around the standard review process,” Jackson said, warning against creating a “special avenue” for selected parties.

She also said the current court has been less restrained than earlier versions of the institution, particularly in cases involving controversial matters.

Trump cases fuel emergency docket fight

Jackson did not name Trump in the speech, but her comments came as his administration has repeatedly asked the Supreme Court to intervene while lower-court cases remain pending.

The administration has used emergency applications to seek permission to proceed with policies after lower courts blocked or limited them.

Jackson has previously criticized that practice in written dissents, including a 2025 opinion in which she described the emergency docket as “Calvinball jurisprudence.”

WASHINGTON, DC - APRIL 23: Members of the Supreme Court pose for a group photo at the Supreme Court
The administration has repeatedly asked the justices to intervene while legal challenges to Trump policies remain pending in lower courts (Getty Images)

The Supreme Court has also rejected some emergency requests from the Trump administration.

On September 14, the justices declined to let the Postal Service enforce a rule that would have imposed new requirements on mail-in ballots before the November midterm elections.

Jackson warns about public trust

Jackson said the court’s handling of emergency cases carries consequences beyond individual disputes. 

She argued that the public may lose confidence if justices repeatedly allow contested government actions to proceed without explaining their reasoning.

“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,” Jackson said.

WASHINGTON, DC - AUGUST 12: National Guard troops are deployed to the Washington Monument as part of President Trump's mobilization of law enforcement on August 12, 2025 in Washington, DC. The Trump Administration placed the DC Metropolitan Police Department under federal control and deployed federal officers and the National Guard to the District to assist in crime prevention in the nation’s capital. (Photo by Andrew Leyden/Getty Images)
The justices have also rejected some Trump administration requests, including a bid to deploy the National Guard in Chicago (Andrew Leyden/Getty Images)

Her remarks follow earlier written dissents in which she criticized the court’s emergency procedures and its relationship with lower courts.

Emergency orders can temporarily change whether government actions proceed before judges issue final rulings. Those orders can affect daily life.

The Supreme Court is scheduled to begin its 2026-27 term on October 5, when it will return to its regular docket alongside continuing emergency applications.

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Ilhan Omar took an indirect swipe at critics who had doubted their ability to enter politics and challenge the established order
2026-11-05T07:43:44.000Z
Ron DeSantis warned Republicans to rethink their strategy after 2026 midterm losses, saying even George Washington would lose as a GOP candidate
2026-11-05T06:38:45.000Z
'I do believe undeniably that the history and the environment was worsened by the prices at the pump,' Karoline Leavitt said
2026-11-05T05:48:03.000Z
Barack Obama urged Democrats to use their new congressional majority to push for changes and limit the impact of Donald Trump's remaining two years in office
2026-11-05T05:20:41.000Z
Hakeem Jeffries outlined his priorities on affordability, accountability and American values in a letter seeking support from incoming lawmakers
2026-11-05T05:01:06.000Z
Trump spent about 25 minutes discussing White House construction and other renovation projects before addressing Republican losses in the midterms
2026-11-05T04:30:10.000Z
Donald Trump also defended his handling of the Iran conflict, insisting he would not have made different decisions
2026-11-05T04:00:26.000Z
Although Mike Johnson secured re-election to his Louisiana House seat, it remains unclear whether he will complete his full two-year term
2026-11-05T03:31:51.000Z
A White House official hinted Donald Trump could hold Pete Hegseth accountable, saying, 'That will play out in the lame duck'
2026-11-05T02:52:32.000Z
Hakeem Jeffries said Democrats would prioritise affordability over retaliating against Donald Trump or pursuing impeachment after their midterm victory
2026-11-05T02:32:58.000Z