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2mo ago

Justice Kagan Flags Surge in Threats and Demands Transparency in Shadow Docket

She argued that government officials must respect every judicial order to preserve the rule of law.

Associate Justice Elena Kagan stands during a group photo of the Justices at the Supreme Court in Washington, DC on April 23, 2021.
Supreme Court Justice Elena Kagan speaks at the 2025 Ninth Circuit Judicial Conference in Monterey, Calif. on July 24, 2025.
Supreme Court Chief Justice John Roberts and Associate Justice Elena Kagan attend President Donald Trump's address to a joint session of Congress at the U.S. Capitol on March 4, 2025.

Overview

  • Justice Kagan told judges they should not be swayed by the recent rise in harassment and must continue issuing independent, precedent-based rulings.
  • She warned that government officials have no authority to ignore court mandates without jeopardizing constitutional governance.
  • Kagan criticized the Supreme Court’s growing reliance on its unexplained emergency, or “shadow docket,” rulings that bypass full briefing and public justification.
  • The U.S. Marshals Service recorded 197 threats against federal judges between March and late May 2025, more than twice the number reported in the previous five months.
  • In consecutive shadow docket orders, the conservative majority issued brief approvals for President Trump’s administration to remove independent agency appointees without detailed explanations.