A critical article from a blog that covers law and politics. Supreme Court Justice Ketanji Brown Jackson wrote a 20-page dissent in the Trump v. California case on August 24, arguing that the court's precedents are creating a "Kafkaesque nightmare". However, her dissent was delayed for nearly a month after the Solicitor General submitted an emergency application on July 27, giving the lower court time to change its posture and potentially complicating any decision from the majority. The delay has been criticized by some, with one author suggesting that new rules, dubbed "Release-6", would allow six justices to force the immediate release of a decision in such cases.
Written by the local model on 2026-08-25,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
On July 27, 2026, the Solicitor General submitted an emergency application in Trump v. California.
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General → submit → California
This case concerns proposed regulations for mail-in ballots.
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case → concern → ballots
The government filed its reply brief on August 12.
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government → file → August
After a flurry of litigation in the lower court, and new action by the government, the Supreme Court finally decided the case on August 24.
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Court → decide → August
This emergency case took nearly a month.
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case → take → month
The majority opinion, at a brisk ten pages, finds the District Court lacked jurisdiction because the case was not yet ripe.
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case → find → jurisdiction
Moreover, any alleged injuries were speculative under Clapper.
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injuries → allege → Clapper
The per curiam opinion reads a lot of Justice Kavanaugh's voice.
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opinion → read → voice
I do like the word "concretize."
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I → like → word
Justice Kavanuagh has taken the lead in writing some of the Court's more significant jurisdictional cases.
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Kavanuagh → take → cases
One would think that a former federal courts professor in the majority would get these cases, but apparently not.
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professor → think → cases
Justice Sotomayor's pithy dissent covers all the bases in only four pages.
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dissent → cover → pages
Then there is Justice Jackson.
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Jackson → be → ?
She wrote a solo twenty-page dissent that discusses the merits of the case, even though the majority only addressed the jurisdictional issues.
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majority → write → issues
She also warns that the Court's precedents are creating a "Kafkaesque nightmare."
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precedents → warn → nightmare
The only nightmare here is the fact that the Court let KBJ take nearly a month from the date of the application to write this dissent.
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KBJ → let → dissent
It seems that all of the Justices were ready to go shortly after the briefing concluded.
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briefing → seem → Justices
But Jackson dragged out the process so long that the posture in the lower court changed.
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posture → drag → court
Some critics have faulted the Court for not addressing the recent developments.
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critics → fault → developments
Any change by the majority might trigger another two week delay from Justice Jackson.
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change → trigger → Jackson
Justice Jackson has proven that she sees no need for urgency when the Trump Administration submits an emergency application, especially when the case comes from the First Circuit.
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case → prove → Circuit
She slow-walked the petition in Libby v. Fectau.
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She → walk → Libby
My nickname, the Laborious KBJ, still fits.
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nickname → fit → ?
I will give you a preview of a future installment from my SCOTUSBlog series on Court Reform.
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I → give → Reform
I call it the "Release-6."
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I → call → Release-6
For any matter, six Justices can force the release of an opinion immediately.
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Justices → force → opinion
This rule would apply on both the merits and emergency dockets.
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rule → apply → merits
The majority opinion could be published right away, with a notation that a dissent is forthcoming.
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dissent → publish → notation
A super-majority of the Court can bring a pending matter to an immediate conclusion.
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majority → bring → conclusion
If a Justice wishes, he or she can publish the dissent at a later date, but the business of the Court will move forward.
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business → wish → Court
There are some emergency matters where an immediate resolution is essential for the government or the private parties.
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resolution → be → government
It may also not be viable to keep an administrative stay in effect for an extended period of time.
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It → keep → time
With the Release-6, six members of the Court can issue their judgment, and the dissent can come later, or not at all.
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dissent → issue → judgment
There were six clear votes to grant a stay, and a single dissenter held the matter up for weeks. Release-6.
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dissenter → be → weeks
The Supreme Court forced out a ruling in A.A.R.P. v. Trump before Justices Alito and Thomas could write their dissent.
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Alito → force → dissent
Cooper v. Aaron was decided before Justice Frankfurter could finish his concurrence.
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Frankfurter → decide → concurrence
In an emergency case, the Court can act before the separate writings are ready.
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writings → act → case
Justice Jackson should receive the same treatment.
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Jackson → receive → treatment
