Kagan, Justices Dissent on Supreme Court Shadow Docket

Supreme Court Justice Elena Kagan has criticized the Court's growing use of the 'shadow docket' for making major decisions without sufficient explanation, particularly in cases favoring President Trump. Notable recent rulings include allowing Trump to remove Democratic members from the Consumer Product Safety Commission and dismantle the Department of Education, both with minimal reasoning and no oral arguments. Kagan, joined in dissent by Justices Sotomayor and Jackson, argued that such decisions undermine agency independence and depart from established precedent. She warned that the lack of transparency erodes public trust and leaves lower courts and the public uncertain about applicable legal standards. Kagan called for at least brief written explanations to improve accountability. The debate underscores increasing division within the Court over how urgent matters should be handled.