Justice Ketanji Brown Jackson said Thursday the Supreme Court’s emergency docket risks eroding public trust and could bypass ordinary review. Hours earlier, the Trump administration asked justices to let officials continue deporting immigrants to third countries.
The “emergency” or “shadow” docket lets parties seek immediate relief. Justices may grant or reject requests quickly, without the review typical of cases decided on their merits or a lengthy public explanation.
Since returning to office in January 2025, the Trump administration has filed more than 30 emergency requests, many granted. The court’s conservative wing has allowed Trump to temporarily end protections for migrants seeking asylum, eliminate transgender rights, roll back environmental protections and fire officials in charge of independent federal agencies. In July, Justice Elena Kagan told Congress she thought the court was improving its handling of requests by offering some justification; Jackson said the explanations still fell short of those in merits cases.
