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Justices Clash Over Shadow Docket, Clean Power Plan

5/6/2026

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Left

Sotomayor Warns Docket

Liberal justices Sonia Sotomayor and Ketanji Brown Jackson warned that the Court’s expanding shadow docket erodes public confidence.
Justice Neil Gorsuch told Fox News the Court must balance transparency with private deliberations after recent leaks.
The New York Times reported disputes among justices before the 2016 Clean Power Plan reversal.
Chief Justice John Roberts said the Clean Power Plan shutdown avoided the most expensive regulation.

Right

Gorsuch Backs Transparency

Supreme Court Justice Neil Gorsuch praised live courtroom audio as a “great” move toward transparency on Fox News Sunday.
The Court resolves roughly 40% of its toughest cases unanimously while still needing private deliberations.
He respects Democratic appointees, enjoys debating them and remains an originalist.
Gorsuch warned that recent leaks of draft opinions make private discussions essential for consensus.

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Sotomayor Warns Docket

Liberal justices Sonia Sotomayor and Ketanji Brown Jackson warned that the Court’s expanding shadow docket erodes public confidence.
Justice Neil Gorsuch told Fox News the Court must balance transparency with private deliberations after recent leaks.
The New York Times reported disputes among justices before the 2016 Clean Power Plan reversal.
Chief Justice John Roberts said the Clean Power Plan shutdown avoided the most expensive regulation.

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