Supreme Court Justice Ketanji Brown Jackson publicly criticized the court’s increased reliance on the “shadow docket,” expressing concern that this practice undermines public confidence in the judiciary. Speaking Thursday at the University of the District of Columbia, Jackson, who was appointed by President Joe Biden, argued that the court has been too quick to allow the Trump administration to implement disputed policies without providing thorough explanations.

The “shadow docket” refers to the Supreme Court’s practice of issuing decisions on emergency applications and procedural matters without full briefing or oral argument. Jackson highlighted that this expedited approach has been used frequently during former President Donald Trump’s second term, particularly when the Justice Department sought to block lower-court rulings that halted controversial executive actions.

“We cannot expect the public to have faith in our judicial system if, without clear explanation, we are consistently green-lighting harmful acts that do real damage to litigating plaintiffs,” Jackson said, signaling her concern that such decisions occur behind closed doors without transparency or detailed reasoning.

Her remarks represent a rare public critique from a sitting justice about the court’s internal procedures and the pace at which significant decisions are made through the shadow docket. While supporters of the practice argue it allows the court to manage urgent and time-sensitive issues efficiently, critics contend that it bypasses the traditional deliberative process, potentially eroding the legitimacy of the court’s rulings.

Jackson’s comments underscore ongoing debates about the role and impact of the shadow docket in shaping national policy, especially in cases where lower courts have blocked administration actions that have wide-reaching effects. The discussion reflects broader anxieties about maintaining trust in the judicial process amid an increasingly polarized political landscape.