Justice Kagan Sounds Alarm Over Supreme Court's Lack of Transparency and Rising Threats

Supreme Court Justice Elena Kagan has publicly criticized the court's increasing use of the 'shadow docket'—emergency decisions made without full explanation—especially in cases that have favored former President Trump.

Speaking at a judicial conference, Kagan warned that the independence of the judiciary is under threat from both government officials who defy court orders and a rise in threats and vitriol directed at judges. She emphasized the need for the Supreme Court to clearly explain its decisions to maintain public trust and legitimacy. Kagan also urged her colleagues to exercise caution and transparency in emergency rulings, highlighting the dangers of eroding respect for judicial authority.

Her remarks reflect growing concerns about the politicization of the court and the potential consequences for the rule of law.