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Justice Jackson Calls Out The Supreme Court’s Shadow Docket ‘Speed Dial’ For Favored Litigants

Daily Legal Briefing by Daily Legal Briefing
September 28, 2026
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Justice Jackson Calls Out The Supreme Court’s Shadow Docket ‘Speed Dial’ For Favored Litigants
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(Photo by Win McNamee/Getty Images)

Ed. note: Welcome to our daily feature, Quote of the Day.

Why is it that one party should get a fast pass to the Supreme Court of the United States when so many other parties are queued up, waiting patiently for the court’s attention?

— Justice Ketanji Brown Jackson, in remarks reported by the ABA Journal, questioning the Supreme Court’s increasingly frequent use of emergency orders. Jackson warned that the emergency docket risks becoming an end run around the ordinary appeals process — a “special avenue” reserved for privileged litigants with the Court on “speed dial” — while imposing corrosive institutional costs on the judiciary and undermining public trust in the Court.


Staci Zaretsky is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Bluesky, X/Twitter, and Threads, or connect with her on LinkedIn.





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