Friday, July 25, 2025

J.Kagan at 9th Cir. Conf.

The DJ has Justice Kagan reflects on dissent, urges caution in use of emergency docket -- In a speech at the 9th Circuit Judicial Conference following a forceful dissent, U.S. Supreme Court Justice Elena Kagan called for greater transparency in emergency rulings and warned against vilifying judges.

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