Supreme Court justices Ketanji Brown Jackson and Brett Kavanaugh sparred publicly on Monday over how the court has repeatedly stepped in to aid policies pushed by President Donald Trump.
The rare exchange occurred during a joint appearance at a federal courthouse event in Washington, D.C., where the two justices discussed the court’s growing use of emergency rulings – often referred to as the “shadow docket,” according to NBC News.
Jackson, who has frequently dissented in such cases, sharply criticized the high court’s increased willingness to intervene early in legal challenges involving the Trump administration.
“I just feel like this uptick in the court’s willingness to get involved … is a real unfortunate problem,” Jackson said.
The court’s conservative majority has repeatedly used emergency orders to block lower court rulings that halted parts of Trump’s agenda, including moves allowing the administration to fire thousands of federal workers, assert control over previously independent agencies, and implement elements of the MAGA administration’s immigration policies.
Jackson warned Monday that the court’s practice could also inadvertently signal to lower courts how the Supreme Court might ultimately rule, creating “a warped kind of proceeding,” according to NBC News.
“It’s not serving the court or this country well,” the Biden appointee said. Her line drew applause from a packed audience, which included “more than a few” lower court justices, the Wall Street Journal’s James Romoser reported.
Kavanaugh defended the court’s actions, arguing that justices must respond when the government files emergency applications.
“None of us enjoy this,” he said, adding that similar requests were made by prior administrations, including during the Biden era.
The public back-and-forth on Monday marked a rare moment between the two sitting justices.
“The justices have aired their disagreements in written opinions, but this was a rare example of two justices entering into a public debate about internal court business,” NBC News reported.
JUST NOW: In joint appearance at D.C. federal courthouse, Brett Kavanaugh and Ketanji Brown Jackson spar over the emergency docket. Even as they touted civility and bonhomie, things got a bit heated as they discussed why emergency appeals are now so central to the court’s work. — James Romoser (@jamesromoser) March 9, 2026
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