EXCLUSIVE: Justice Jackson Warns SCOTUS Emergency Docket Could Become 'End-Run' Around Lower Courts — as Trump Administration Seeks Third Intervention
Justice Ketanji Brown Jackson warned about the Supreme Court's emergency docket as the Trump administration sought a third intervention in its immigration fight.
Sept. 27 2026, Published 9:46 p.m. ET
Supreme Court Justice Ketanji Brown Jackson is sounding the alarm over the high court's increasing use of its emergency docket – just as the Trump administration has returned to the justices for a third intervention in a bitter immigration battle, RadarOnline.com can reveal.
The administration filed a new emergency application Thursday, September 24, asking the Supreme Court to step into litigation over its controversial "third-country" deportation policy.
Trump Returns to SCOTUS for Third Time
The Trump administration is seeking emergency Supreme Court relief for a third time in the case.
According to court documents obtained by Radar, Solicitor General D. John Sauer acknowledged that this is "the third time" the government has sought emergency relief from lower-court orders in the same case. The administration has prevailed at the Supreme Court on its two previous emergency requests.
The latest filing came the same day Jackson delivered a striking public warning about the court's handling of emergency applications, questioning whether litigants are increasingly being allowed to bypass the normal judicial process.
Speaking at the University of the District of Columbia's David A. Clarke School of Law, Jackson questioned why one party should receive what she described as a "fast pass" to the nation's highest court while other litigants wait for review.
Ketanji Brown Jackson Warns of 'Institutional Costs'
Jackson warned repeated emergency interventions could carry 'institutional costs.'
Jackson warned that the Court's modern approach to emergency cases has become "noticeably less restrained" and suggested repeated interventions can impose "institutional costs" on the judiciary. Jackson did not specifically name President Trump or his administration during those remarks.
However, her comments came as the administration lodged its latest emergency request in Department of Homeland Security v. D.V.D.
The dispute centers on DHS procedures for deporting certain migrants to countries other than those identified in their original removal orders.
Deportation Flights Thrown Into Limbo
The legal battle centers on deportations to countries not listed in migrants' original removal orders.
A federal district court previously ruled against the government's policy, requiring meaningful notice and an opportunity for affected migrants to raise fears that they could face persecution or torture in a proposed third country. The First Circuit largely upheld that judgment on September 18.
Then, late Tuesday night, the appeals court dissolved a stay that had prevented the lower court's order from immediately taking effect. The administration told the Supreme Court the sudden move caused major disruptions to ongoing deportation operations, including the cancellation of a flight carrying 70 migrants with criminal convictions to three different countries.
Officials also said another flight carrying 58 people to four countries was scheduled for later in the week. The government is now asking the justices to stay the district court's February order while it pursues further Supreme Court review.
Could Emergency Docket Become an 'End-Run'?
Never Miss an
Daily updates from the heart of Hollywood, right to your inbox
By entering your email and clicking Sign Up, you’re agreeing to let us send you customized marketing messages about us and our advertising partners. You are also agreeing to our Terms of Service and Privacy Policy.
Jackson questioned whether emergency proceedings could become an 'end-run' around lower courts.
The Trump administration further contends that its policy already provides sufficient protections while allowing DHS to efficiently remove migrants who have final removal orders. The Supreme Court docket shows the application was submitted to Jackson on September 24.
Rather than immediately granting the government's requested administrative stay, Jackson requested a response from the challengers by 4 p.m. on September 28. Her broader comments Thursday emphasized the stakes of repeatedly using emergency proceedings to intervene before cases have completed the traditional appellate process.
Jackson questioned whether the emergency docket risks becoming an "end-run" around lower courts – and cautioned against allowing it to become a special avenue available to select litigants.
