Justice Ketanji Brown Jackson Says Supreme Court's Emergency Docket Is Being Abused. Here's What That Means

Justice Ketanji Brown Jackson called out her colleagues as she delivered a speech at the University of the District of Columbia’s law school. Jackson specifically raised concerns about how her colleagues are handling emergency dockets, urgent cases that need to be processed in the U.S. Supreme Court. The justice said in her speech that the court is abusing the use of emergency dockets.

“Why is it that one party should get a fast pass to the Supreme Court of the United States, when so many other parties are queued up, waiting patiently for the court’s attention?” Jackson told the crowd.

How is Donald Trump taking advantage of the emergency docket?

Although she didn’t call out Donald Trump by name, Jackson was clearly referring to his administration’s frequent use of emergency dockets. According to Politico, Trump has frequently taken advantage of emergency dockets to pass many of his controversial policies, to fire federal employees, cancel federal grants and strip immigrants of legal status. The president has won about 80% of the cases in which his administration used the emergency docket, per Politico.

“If we’re not careful, the emergency docket can and will become an end-run around the standard review process,” Jackson said.

The justice urged her colleagues to consider carefully when they decide which cases are urgent. The Trump administration, however, argues that they need to apply the emergency docket frequently because their policies are challenged at an unprecedented rate.

What is the emergency docket?

The emergency docket, also known as the “shadow docket,” allows plaintiffs to request immediate relief in urgent Supreme Court cases. Using this process, the court can approve or dismiss requests without going through the typical legal steps, The Guardian reported.

Most recently, the Trump administration asked for an emergency order to dismiss the court’s decision to block deportations to a third country. According to The Hill, the latest case marks Trump’s 40th emergency application since he began his second term.