Justice Ketanji Brown Jackson took up verbal arms against fellow Justice Brett Kavanaugh over the Supreme Court’s willingness to rule on emergency requests from President Donald Trump, which Kavanaugh defended as being on par with its handling of the Joe Biden administration.
Speaking at an event attended by lower court judges and lawyers in Washington on Monday, Brown disputed Kavanaugh’s claim that the court has treated Trump and Biden similarly when it comes to the court’s emergency docket, also known as the shadow docket.
“This uptick in the court’s willingness to get involved with cases on the emergency docket is a real unfortunate problem,” she said, according to CNN and The Washington Post. “I think it is not serving the court or our country well at this point.”
Kavanaugh argued that the court had previously approved several policies the Biden administration had brought through the emergency docket, such as maintaining access to the abortion drug mifepristone.
“This is not a new phenomenon in the Trump administration,” he said, according to the Post.
