Supreme Court nominee Jackson says she would withdraw from Harvard affirmative action case
Sen. Amy Klobuchar (D-Minn.) asked Jackson for her thoughts on shadow lists, hours after the Supreme Court used the shadow list to overturn a card redistribution decision by the Wisconsin Supreme Court Wednesday morning.
“As this decision has only just come out, I don’t expect you to review it immediately,” Klobuchar told Jackson. “But I just want to point out that in your disagreement, Justice [Sonia] Sotomayor accompanied by Justice [Elena] Kagan called the court’s move “unprecedented.”
A shadow dossier occurs when the court issues an urgent or summary decision without an oral hearing.
In her dissent, Sotomayor noted that with this summary motion, the court overturned the Supreme Court’s decision in a manner generally reserved for violations of applicable law.
Klobuchar said the court’s increasing practice of using a shadow list to decide cases that have “serious implications for our democracy” — including the right to vote — “is incredibly troubling.”
Jackson said she needed to speak to the judges first to better understand her use of the shadow file, but based on her experience as a court clerk, she said she knew that in emergencies, “there has to be a balance of getting a full briefing.”
Jackson said the court recognized the value of “allowing lower courts to hear issues” and that “in at least some of the most recent cases, the judges have held hearings on some matters of urgency.”
“But from my perspective as a judge in my job, I know it’s important to hear from the parties,” Jackson said.