Justice Elena Kagan has complained about the Supreme Court’s issuance of emergency orders on the court’s so-called shadow docket, which does not require full briefings or oral arguments. Here’s what you need to know about the Supreme Court shadow docket criticism:

Kagan’s judicial conference remarks

Obama appointee emphasizes need for court explanations:

The shadow docket process

Emergency orders lack full briefings and explanations:

The Education Department example

Kagan cites specific case without explanation:

Sotomayor’s dissent

Fellow Obama appointee objects to Education dismantling:

Kagan’s confusion argument

Justice says lack of explanation creates problems:

The court’s duty to explain

Kagan emphasizes judicial responsibility:

Trump administration’s strategy

Republican-led Congress frequently requests emergency orders:

The statistical comparison

Trump DOJ files more emergency requests than Biden:

The shadow docket outcomes

Court has allowed various Trump policies to proceed:

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• Justice Elena Kagan complains about Supreme Court’s emergency orders on shadow docket

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