Justice Jackson Criticizes Supreme Court Conservatives Over 'Oblivious' Emergency Orders

The court's newest justice delivered a lengthy assessment of the court's use of emergency orders to allow Trump administration policies to move forward.

Apr. 15, 2026 at 7:52pm

Got story updates? Submit your updates here. ›

A cinematic painting of the Supreme Court building in warm, golden light, with a lone figure standing on the steps, conveying a sense of solitude and contemplation.The Supreme Court's use of emergency orders to advance controversial policies has sparked a debate over the court's impartiality and the integrity of the judicial system.Tuscaloosa Today

Supreme Court Justice Ketanji Brown Jackson has sharply criticized her conservative colleagues' use of emergency orders to benefit the Trump administration, calling the orders 'scratch-paper musings' that can 'seem oblivious and thus ring hollow.' In a lengthy speech at Yale Law School, Jackson said the court has taken a less restrained approach in recent years, frequently issuing emergency orders that allow controversial policies to move forward despite lower court rulings finding them likely illegal.

Why it matters

Jackson's public comments highlight growing concerns about the Supreme Court's use of emergency orders, which critics say allow the court to make substantive rulings without the normal deliberative process. The orders have been a key tool for the court's conservative majority to advance the Trump administration's agenda, raising questions about the court's impartiality and the integrity of the judicial system.

The details

In her speech, Jackson referred to the emergency orders as 'back-of-the-envelope, first-blush impressions of the merits of the legal issue' that the court then insists lower courts apply. She also pushed back on the court's view that preventing the president from implementing a policy is a harm that often outweighs the harm to challengers, saying 'the president of the United States, though he may be harmed in an abstract way, he certainly isn't harmed if what he wants to do is illegal.'

  • Justice Ketanji Brown Jackson delivered the speech at Yale Law School on Monday, April 15, 2026.
  • Last week, Justice Sonia Sotomayor also spoke out against the court's use of emergency orders at an event at the University of Alabama on Tuesday.

The players

Justice Ketanji Brown Jackson

The newest justice on the Supreme Court, who has frequently dissented from the court's conservative majority on the use of emergency orders.

Justice Sonia Sotomayor

A liberal justice who has also criticized the court's approach to emergency orders, speaking out against it at an event last week.

President Donald Trump

The former president whose administration's policies have been allowed to move forward through the Supreme Court's use of emergency orders.

Got photos? Submit your photos here. ›

What they’re saying

“Those scratch-paper musings' be applied by lower courts in other cases.”

— Justice Ketanji Brown Jackson, Supreme Court Justice

“The president of the United States, though he may be harmed in an abstract way, he certainly isn't harmed if what he wants to do is illegal.”

— Justice Ketanji Brown Jackson, Supreme Court Justice

The takeaway

Justice Jackson's public criticism of the Supreme Court's use of emergency orders to advance the Trump administration's agenda highlights growing concerns about the court's impartiality and the integrity of the judicial system. Her comments, along with those of other liberal justices, suggest an internal debate within the court over the appropriate use of these orders and the court's role in resolving divisive policy issues.