Kagan, Liberals Warn on Supreme Court Shadow Docket

Supreme Court Justice Elena Kagan, joined by other liberal justices, has voiced concern over the Court's expanded use of the 'shadow docket'—emergency orders issued without full briefing or explanation, often in response to requests from the Trump administration. These expedited orders have permitted the administration to secure interim victories, such as firing independent agency heads and attempting to dismantle the Education Department, frequently without detailed Court justification. Kagan and her colleagues argue that the lack of transparency threatens public understanding and the Court's legitimacy. Dissenting opinions from Justices Sotomayor, Kagan, and Jackson have criticized the majority for using the shadow docket to override congressional intent and weaken agency independence. Kagan has stressed the importance of accompanying even urgent orders with concise explanations. The situation highlights increasing internal tensions over balancing judicial efficiency with the need for accountability and transparency.