Jackson publicly airs grievances with conservative colleagues over Trump-era rulings
Justice Ketanji Brown Jackson accused the Supreme Court this week of using unexplained emergency orders to hand President Donald Trump wins, warning the practice risks eroding public trust in the...
By Fox News · Fox News
Justice Ketanji Brown Jackson accused the Supreme Court this week of using unexplained emergency orders to hand President Donald Trump wins, warning the practice risks eroding public trust in the judiciary. In a Yale Law School speech made public Wednesday, Jackson, a Biden appointee and frequent dissenter on emergency rulings, repeatedly called the Supreme Court’s use of the emergency docket "problematic" and argued the conservative majority's decisions were sometimes "utterly irrational." The emergency docket, sometimes known as the interim or "shadow" docket, allows litigants to bypass typical court proceedings and seek immediate relief from the Supreme Court in the face of restraining orders and injunctions in the lower courts. "Given the real world facts that a stay request asks the court to consider, the court's stay decisions can, at times, come across utterly irrational," Jackson said. "We cannot expect the public to have faith in our judicial system if, without clear explanation, we consistently greenlight harmful acts." JUSTICE JACKSON ACCUSES SUPREME COURT OF ENSURING TRUMP ‘ALWAYS WINS’ IN SCATHING DISSENT Jackson emphasized she was not seeking to "praise" or "bury" the emergency docket, but she warned its current use is straying from its historical role, which she said used to be more limited. "There is a serious concern that the Supreme Court's modern stay practices are having an enormously disruptive and potentially corrosive effect on the functioning of the federal judiciary's usual decision-making process," Jackson, who did not cite Trump by name during her remarks, said. Jackson also argued the concept of equal justice was being cast aside because "savvy parties" knew how to bypass the lengthy court process and apply for emergency stays at the Supreme Court, unlike average people caught up in legal proceedings. "If we are not careful, the emergency docket can and will become an end-run around the standard review process, a special avenue that cert…