Bloomberg Law has Kagan Urges Caution in Supreme Court Use of ‘Shadow Docket’
Supreme Court Justice Elena Kagan called on her colleagues to exercise caution when issuing emergency orders in legal challenges without explaining their reasoning, a day after she sharply criticized the use of the shadow docket in a dissent.
One “should be hesitant about” making decisions that disrupt lower courts without the benefit of legal briefing, oral argument, and consultation with each other, “unless we really have to,” Kagan told judges and lawyers at the US Court of Appeals for the Ninth Circuit’s judicial conference in Monterey, California, on Thursday.
C-Span has posted this video (~45 minutes): Justice Kagan at 2025 Ninth Circuit Judicial Conference