Amna Nawaz
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WATCH: Justices Barrett and Kagan discuss the rise of the Supreme Court’s ‘shadow docket’
Posted
July 14, 2026
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July 14, 2026
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4:01Now PlayingRep. Steny Hoyer, D-Md., asked Supreme Court Justices Elena Kagan and Amy Coney Barrett whether there has been an increase in the court’s use of “shadow decisions,” in a House Appropriations subcommittee hearing Tuesday.
The emergency docket, also known as the “shadow docket,” allows justices to quickly issue temporary decisions while cases make their way through the lower court system. These decisions are usually unsigned and don’t provide extensive explanations.
Hoyer asked whether the increase is a “budget-related or policy-related phenomenon.”
Barrett said there has been “a big change in the volume and the nature of such requests,” and that it is a “policy question.”
“Does that impact on the transparency?” Hoyer asked. “There are concerns obviously that the shadow dispositions impact adversely on the knowledge the public has about how the courts makes its decisions and who is making what decisions.”
Kagan said there are issues with the emergency docket and how and when it’s appropriate to use it. However, she added that it was inappropriate to call it a “shadow docket,” because in the recent past the court had done a better job of explaining its decisions “where appropriate.”
Members of the Supreme Court have not testified before Congress since 2019. Their appearances in both House and Senate hearings Tuesday are focused on requesting more funding for security, as threats and incidents of harassment and intimidation aimed at the judiciary have risen.
The justices are making their rare appearance after the Supreme Court wrapped up its latest term late last month with major decisions on birthright citizenship, transgender rights, executive authority, campaign finance rules and mail-in voting – all topics that may come up in lawmakers’ questioning, in addition to the security funds request.
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