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.