Courts

Ketanji Brown Jackson Rails Against Supreme Court's Over Use Of Shadow Docket

The Court should use some restraint with its shadow docket power.

By  
on
Senate Holds Supreme Court Confirmation Hearings For Ketanji Brown Jackson

(Photo by Anna Moneymaker/Getty Images)

We do not have to address every high-profile case percolating in lower courts, and there are usually many good reasons not to do so.

— Justice Ketanji Brown Jackson in dissent in Labrador v. Poe, joined by Justice Sonia Sotomayor, wrote that the Supreme Curt needs to back off its hair-trigger use of the shadow docket. She continued that the Court should have left the stay in place, preventing the enforcement of Idaho’s transgender care ban until “it is our turn to do so.” And then proceed with “both reason and restraint.” 

Sponsored

Topics

, ,