Overview

• At a judicial conference in Kansas City, Justice Brett Kavanaugh rejected criticism of terse emergency orders and described efforts to treat such cases with greater care.
• The Court’s emergency docket logged a record 21 applications from the Trump administration since January, outpacing filings under President Biden’s four-year term.
• Kavanaugh said the Court has issued more written opinions and held oral arguments in emergency appeals to improve the interim process.
• He warned that detailed opinions risk a “lock-in effect” that could lock justices into premature views before full merits review.
• Justice Elena Kagan has called for clearer explanations of shadow docket decisions to help lower courts and the public understand the high court’s interim rulings.