Under Oath, Kagan Admitted It: The Shadow Docket Doesn't Have Real Standards
Sitting justices almost never testify before Congress. It last happened with any regularity decades ago, and the institution has spent years treating its own internal workings as none of the legislature’s business. On July 14, 2026, that changed — Justices Elena Kagan and Amy Coney Barrett appeared before the House Appropriations Committee to defend a $921 million security budget request. They left having conceded, on the record, something the Court has spent years refusing to say plainly: it doesn’t have settled rules for how it uses the tool that now decides more cases than its actual docket. ...