Sen. Amy Klobuchar (D-Minn.) asked Jackson for her thoughts on shadow dockets, hours after the Supreme Court on Wednesday morning used the shadow docket to throw out a Wisconsin Supreme Court decision on redistricting maps.
“Because this decision just came out, I don’t expect you to have immediately reviewed it,” Klobuchar told Jackson. “But I just want to make this point that in her dissent, Justice [Sonia] Sotomayor, joined by Justice [Elena] Kagan, called the court’s move unprecedented.”
A shadow docket is when the court issues an emergency order or summary decision without oral argument.
In her dissent, Sotomayor noted that the court, in this emergency motion, is overturning the state Supreme Court’s decision in a way that is generally reserved for violations of settled law.
Klobuchar said that the court’s increasing practice of using a shadow docket to decide cases that have “grave consequences for our democracy” — including the…