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Supreme Court

Justice Kagan Says Don't Call It the "Shadow Docket"

Justice Kagan tells Congress she prefers to call it the "emergency docket."

Jonathan H. Adler | 7.17.2026 8:54 AM

Associate Justices Elena Kagan and Amy Coney Barrett testified before Congress this week.

Much of the press coverage and online commentary has focused on the justices' discussion of their need for greater security and increasing threats to the federal judiciary, with a particular focus on Justice Barrett's comments on her personal experience. Contrary to the claims of some "conservative" influencers, Justice Barrett did not say anything suggesting such threats--including the swatting attempt on her home--had affected her work or decision-making. She actually said the opposite, that all of the justices "continue to do their jobs without fear or favor."

In the House, the justices were asked about the Court's handling of requests for interim or emergency relief on the so-called "shadow........

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