Sotomayor Takes Aim at Kavanaugh Over Immigration Docket

A Growing Rift on the Bench

During a fireside chat in Lawrence, Kansas, Justice Sonia Sotomayor lambasted Justice Brett Kavanaugh for a recent concurrence that downplayed the real‑world impact of an unsigned order that revived immigration sweeps in Los Angeles. Sotomayor argued that Kavanaugh’s reasoning ignored the human toll on immigrant families and local communities.

Shadow Docket and Emergency Appeals

In the same appearance, Sotomayor warned that the Court’s expanding “shadow docket”—the practice of issuing rulings without full briefing—undermines lower courts and fuels a surge in emergency motions. She noted that the judiciary itself is to blame for the flood of emergency appeals, saying, “We’ve done it to ourselves.”

Implications for Future Cases

Sotomayor’s criticism highlights a broader split over how the Court handles immigration and emergency relief. If the dissent gains traction, it could pressure the majority to reconsider reliance on unsigned orders and opaque procedural shortcuts.

The debate underscores a court increasingly scrutinized for its procedural choices, with potential fallout for immigration policy and the balance of power among the justices.