From Fox News: Supreme Court Justices Ketanji Brown Jackson and Brett Kavanaugh had a dispute over the high court’s approach to its emergency docket in a rare, candid discussion during an event Monday night.
Jackson, a Biden appointee, signaled that the high court’s willingness to side with President Donald Trump most of the time when it comes to the emergency docket, sometimes known as the “shadow docket,” was a “problem.” The liberal justice is one of three, and all have frequently sided against Trump in emergency decisions, which have often broken 6-3 in favor of the president.
“The administration is making new policy … and then insisting the new policy take effect immediately, before the challenge is decided,” Jackson said, according to reports from The Associated Press and NBC News. “This uptick in the court’s willingness to get involved in cases on the emergency docket is a real unfortunate problem.”
Jackson said: “It’s not serving the court or this country well.”
The report notes that Justice Kavanaugh, who was nominated by President Trump in 2018, pushed back on Jackson’s claims and pointed out that the court granted similar requests made by the Biden administration.
“We have to have the same position regardless of who is president,” Kavanaugh said.
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