Brett Kavanaugh, a Supreme Court Justice appointed by President Donald Trump, spoke candidly about internal disagreements among the justices regarding the court’s “shadow docket” during a conference in Missouri on Thursday.
The shadow docket refers to emergency rulings issued without oral arguments or extensive briefing, often in urgent cases.
Kavanaugh highlighted a divide among the nine justices on when to provide detailed explanations for shadow docket rulings.
“I think there are different views among members of the court about when to do it and when not.
We’re nine independent people,” he said, as reported by Politico.
Despite these differences, he emphasized that the court maintains a collegial atmosphere, with justices supporting one another.
He acknowledged that the court deliberates thoroughly on these cases, even if the final rulings—often brief and unexplained—may suggest otherwise.
Kavanaugh noted that providing detailed opinions in such cases risks creating a “lock-in effect,” where a quickly written decision could be misinterpreted as the court’s final stance, according to CNN.
Shadow Docket’s Role in Trump Policies
The Supreme Court has issued 16 consecutive shadow docket rulings since July 10, 2025, allowing Trump administration policies to proceed despite ongoing litigation, per Georgetown Law professor Steve Vladeck.
These decisions have permitted actions such as layoffs at the Department of Education, mass firings of federal workers, deportations, and a ban on transgender individuals serving in the military.
Notably, the court’s one-paragraph ruling on the Department of Education layoffs offered no reasoning, drawing scrutiny.
Kavanaugh described the question of whether a president’s policies should remain in effect during litigation as “not a trivial question,” underscoring the complexity of these decisions, per NBC News.
Calls for Greater Transparency
Justice Elena Kagan, speaking at a judicial conference in California, stressed the need for clearer explanations in shadow docket rulings.
“Courts are supposed to explain things,” she said, noting that the court’s increasing reliance on emergency rulings has heightened the responsibility to communicate decisions effectively.
Kavanaugh also addressed public perception of the court, which he described as facing “an ocean of criticism and critiques.”
He emphasized the importance of understanding how the court’s decisions are received by the public, stating, “It’s important for maintaining public confidence in the judiciary and the Supreme Court to know how the opinions are being conveyed and received and understood by the American people.”
Background on the Shadow Docket
The shadow docket has become a focal point of debate due to its role in shaping significant policy outcomes with minimal public insight.
Kavanaugh, one of three justices appointed by Trump during his first term, acknowledged the challenges of balancing speed and clarity in these rulings.
The court’s brief orders have sparked concerns about transparency, particularly as they impact major issues like federal employment and immigration.
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