Jackson denies Trump admin's bid for quick deportation relief
The Supreme Court's liberal justice refuses an emergency stay as the administration seeks to bypass her skepticism of the shadow docket.
What to know
- Jackson refused an immediate administrative stay on the same day she publicly criticized the shadow docket's 'disruptive' effect on the court system.
- The administration anticipated her resistance and included an unusual request asking her to refer the case to the full court if she denied the initial stay—an attempt to bypass her review.
- The case remains unresolved pending a response brief from immigrants' lawyers Monday; Jackson has not yet ruled on a longer-term stay or whether to refer to the full court.
“The administration brought its latest bid for speedy relief on deportation powers to Jackson. The application went to Jackson because it had to, not because the administration wanted to bring it to her.”
MS NOW, Reporter · MS NOW ↗ · Sep 23
Justice Ketanji Brown Jackson Supreme Court justiceSolicitor General John Sauer Trump administration lawyerTrump administration Petitioner
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Jackson refuses immediate stay, requests response brief by Monday
Jackson declined to grant the administration an immediate administrative stay. Instead, she called for a response from the immigrants' lawyers by 4 p.m. ET on Monday, leaving open the question of whether she will refer a longer-term stay to the full court.
“serious concern" that the high court's handling of its emergency docket is "having an enormously disruptive and potentially corrosive effect" on the court system…”
— Justice Ketanji Brown Jackson, Supreme Court justice · source -
background
Trump administration seeks emergency deportation relief from Jackson — The Solicitor General submitted an application for speedy relief on deportation powers to Jackson, who is assigned to handle emergency motions from the Northeastern circuit. The application included an unusual request: if Jackson declined to grant an immediate administrative stay, she should refer the matter to the full court—effectively asking her to bypass her own review.
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background
Jackson speaks out against shadow docket use — At a law school in Washington, Justice Jackson expressed "serious concern" that the Supreme Court's handling of its emergency docket is "having an enormously disruptive and potentially corrosive effect" on the court system.