Supreme Court Justice Ketanji Brown Jackson says the court is leaning too hard on a tool the public barely sees. Speaking at the University of the District of Columbia on Thursday, Jackson labeled the court's growing reliance on its "emergency docket" as "problematic," arguing it lets justices quickly bless policies with limited explanation and no oral arguments, undermining trust in the judiciary. "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," she said, per the Washington Post.
Her comments, which labeled the court's handling of the emergency docket as having "an enormously disruptive and potentially corrosive effect," came as the Trump administration asked the court to continue allowing it to fast track deportations to third-party countries, notes the New York Times, though she did not address that case specifically. Jackson pointed to several recent wins for President Trump achieved through emergency orders, including decisions that weakened the Education Department, canceled large government grants, and expanded immigration agents' discretion. She contrasted those with emergency rulings that checked Trump's power, such as blocking a National Guard deployment to Chicago. Comparing the practice to "Calvinball jurisprudence"—a Calvin and Hobbes reference—she urged a return to the court's traditional reluctance to intervene early in politically charged disputes.
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