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Jackson urges Supreme Court to reserve emergency rulings for truly urgent cases

Justice Ketanji Brown Jackson warned that frequent use of the Supreme Court’s emergency docket could undermine the normal legal process. Her proposed approach would weigh the urgency of the harm before considering the likelihood that either side will win.

Jackson urges Supreme Court to reserve emergency rulings for truly urgent cases
WASHINGTON — Supreme Court Justice Ketanji Brown Jackson warned Thursday that the court’s growing use of its emergency docket risks disrupting the federal judiciary and bypassing the ordinary process for deciding cases. Speaking to students and faculty at the University of the District of Columbia School of Law, Jackson said emergency appeals should not become a substitute for the court’s standard review. If exceptions to that process are used too broadly, she said, “there is a risk that they’ll swallow the rule.” Jackson proposed that justices first assess whether the harm facing each side is genuinely urgent and severe, and then consider the strength of the parties’ legal arguments. That framework could mean fewer emergency requests succeed, returning the docket to a less prominent role. The debate has taken on added significance as the Trump administration has repeatedly asked the justices to act quickly in challenges to its policies. Over the past 18 months, the administration has won about 80% of its emergency appeals, according to figures cited in the discussion. Those rulings have helped it pursue actions involving federal workers, government grants and contracts, and the legal status of immigrants. Jackson did not directly address the administration’s record in her Thursday remarks. In a speech at Yale in April, however, she said her proposed standard would give less weight to a president’s claim that court proceedings were delaying policy goals, describing such concerns as “abstract.” Administration lawyers have argued that they turned to the Supreme Court because the government faced an unusually large wave of lawsuits, some of which they said were filed strategically to draw judges viewed as more favorable to challengers. Jackson also welcomed one recent change: the court has more often explained its emergency-docket decisions. She called that a positive development, while emphasizing that brief explanations are no substitute for the fuller opinions typically issued after cases proceed through the regular process.

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