US Supreme Court Justice Ketanji Brown Jackson has expressed serious concerns about her colleagues' approach to emergency requests, a method frequently utilised by Donald Trump to seek court approval. Justice Jackson, one of the court's three liberal members, criticised the justices' readiness to issue rulings via the "shadow docket," stating that it erodes public trust in the judicial system.
Speaking on Thursday at the University of the District of Columbia's David A Clarke School of Law, Justice Jackson remarked, "There is a serious concern that the supreme court’s modern stay practices are having a disruptive and potentially corrosive effect." Her comments were made hours after the Trump administration submitted its latest emergency request, seeking permission to continue deporting immigrants to countries other than their own.
The emergency docket, also known as the "shadow docket," allows plaintiffs to seek immediate relief from the Supreme Court in significant cases. Justices can quickly grant or dismiss these requests without the extensive legal review typically required for merit cases or providing detailed public explanations. The Trump administration has used this method to advance its agenda, filing more than 30 emergency requests since January 2025, with many being granted.
Justice Jackson noted that while the court "began to explain more," it was "still not the full kind of explanation" provided for cases on the merits docket. She warned that "If we’re not careful, the emergency docket can and will become an end-run around the standard review process."