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Justice Jackson Says Supreme Court’s Emergency Docket Is Corroding Public Trust

Rapid unexplained emergency orders have allowed the President’s administration to win immediate policy changes that risk eroding confidence in the courts.

Overview

  • Justice Ketanji Brown Jackson delivered a sharp public critique Thursday at the University of the District of Columbia law school, calling the court’s handling of emergency requests “enormously disruptive and potentially corrosive.”
  • Hours before the lecture she handled an administration emergency application that seeks to let the government carry out rapid deportations to countries other than immigrants’ own.
  • Jackson pointed to recent emergency rulings that narrowed the Education Department’s authority, canceled hundreds of millions in federal grants, and permitted race and language to factor into some immigration stops.
  • She warned the emergency docket can become an end run around normal review by letting well-resourced parties jump ahead and urged the Court to give fuller, clearer explanations for emergency orders.
  • Reporters noted optics concerns for the Court after Chief Justice Roberts and Justices Amy Coney Barrett and Brett Kavanaugh attended a White House state dinner for President Xi, a detail that Jackson’s timing and comments have made more salient for public perceptions of judicial independence.