Supreme Court Justices Clash Over 'Shadow Docket'

Jackson criticizes conservative-backed emergency rulings as Kavanaugh defends the practice

Published on Mar. 10, 2026

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Supreme Court Justices Ketanji Brown Jackson and Brett Kavanaugh publicly sparred over the court's growing reliance on the 'shadow docket', a fast-track process used to let policies take effect before lower courts finish their work. Jackson argued the process is 'warped' and 'not serving the court or this country well', while Kavanaugh defended the practice as a necessary response to urgent government appeals.

Why it matters

The exchange offered a rare public glimpse into internal disagreements over the 'shadow docket', which has allowed key Trump-era policies to move forward despite lower court blocks. The justices' differing views on the practice highlight broader tensions within the court.

The details

Speaking at a Washington event, Jackson criticized the court's 'uptick in willingness to get involved' through emergency orders, saying it encourages more appeals and distorts how lower courts handle politically charged cases. Kavanaugh, who has often sided with the majority in such rulings, argued the court must respond when the government or other parties seek urgent relief, noting both the Trump and Biden administrations have turned to the court amid Congressional gridlock. However, Jackson disagreed that the two administrations received equal treatment, arguing Trump often got favorable rulings while Biden's initiatives largely upheld current law.

  • The public exchange took place on Monday.

The players

Ketanji Brown Jackson

A Supreme Court Justice who sharply criticized the court's growing use of the 'shadow docket'.

Brett Kavanaugh

A Supreme Court Justice who defended the court's use of emergency orders and the 'shadow docket' as a necessary response to urgent government appeals.

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What they’re saying

“This uptick in the court's willingness to get involved … is a real unfortunate problem. It's not serving the court or this country well.”

— Ketanji Brown Jackson, Supreme Court Justice (NBC News)

“We have to have the same position regardless of who is president.”

— Brett Kavanaugh, Supreme Court Justice (NBC News)

What’s next

The justices' differing views on the 'shadow docket' are likely to continue shaping the court's approach to emergency rulings in the future.

The takeaway

The public clash between Justices Jackson and Kavanaugh highlights the deep divisions within the Supreme Court over the use of the 'shadow docket', a practice that has allowed controversial policies to take effect quickly. This exchange underscores the broader tensions and ideological rifts that exist on the nation's highest court.