Justice Kagan said the heart of the emergency docket debate goes to presidential powers and whether the right of a president to carry out his agenda takes precedence over the loss of grant money, or the danger of potentially wrongful deportations, suffered by those suing him.
Supreme Court, Justice Department push back on lower courts over emergency docket orders
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Speaking to the Ninth Circuit Judicial Conference in California on Thursday, Justice Kagan said the "need to explain things" is the "most important" issue for the high court.
Justice Elena Kagan complains about Supreme Court's emergency orders, shadow docket
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