Justice Elena Kagan Advocates for More Deliberation on Supreme Court 'Shadow Docket'

Justice Elena Kagan suggests the U.S. Supreme Court should spend less time on its emergency docket, known as the 'shadow docket,' where quick decisions are made without full deliberation. She reflects on its increased use under recent administrations, impacting public trust. Kagan proposes enforcing an ethics code to enhance credibility.

Justice Elena Kagan has voiced concerns over the U.S. Supreme Court's increasing reliance on its emergency docket, often referred to as the 'shadow docket.'

Speaking at New York University's law school, Kagan noted that this expedited process compromises the court's ability to deliver well-considered rulings. Initially, the emergency docket for urgent matters has grown in use, particularly since the Trump administration, and continues under President Biden.

Kagan further advocates for a stronger enforcement of the court's ethics code, suggesting it could help restore public trust. Highlighting internal camaraderie could be beneficial, but, she emphasized, this alone is insufficient for robust judicial decision-making.

(With inputs from agencies.)