Headline: Justice Ketanji Brown Jackson Makes Herself Heard, Prompting a Rebuke
Sub-headline: In solo dissents this term, the justice accused the conservative majority of lawless bias. On the term’s last day, Justice Amy Coney Barrett fired back.
Editor: The first paragraphs of Adam Liptak scolding chatter? Steeped in animus toward the newist member of the Court, is unsurprising, this is The New York Times!
Justice Ketanji Brown Jackson wrote just five majority opinions in the Supreme Court term that ended last month, the fewest of any member of the court. But her voice resonated nonetheless, in an unusually large number of concurring and dissenting opinions, more than 20 in all.
Several of them warned that the court was taking lawless shortcuts, placing a judicial thumb on the scale in favor of President Trump and putting American democracy in peril. She called the majority’s opinion in the blockbuster case involving birthright citizenship, issued on the final day of the term, “an existential threat to the rule of law.”
Justice Jackson, 54, is the court’s newest member, having just concluded her third term. Other justices have said it took them years to find their footing, but Justice Jackson, the first Black woman to serve on the court, quickly emerged as a forceful critic of her conservative colleagues and, lately, their approach to the Trump agenda.
Her opinions, sometimes joined by no other justice, have been the subject of scornful criticism from the right and have raised questions about her relationships with her fellow justices, including the other two members of its liberal wing.
Editor: In sum Justice Jackson has overstepped the bounds of deference to the senior members of the Court?
The History of the Neo-Confederate Supreme Court is well Documented, and its holdovers
On Wednesday, the five partisan Republicans on the U.S. Supreme Court showed that they wanted to do their part in devaluing the votes of blacks, Hispanics, Asian-Americans and young urban whites. So the key GOP justices indicated during oral arguments that they are looking for excuses to strike down the heart of the Voting Rights Act.
Right-wing Justice Antonin Scalia shocked the courtroom when he dismissed the Voting Rights Act as a “perpetuation of racial entitlement,” suggesting that the right of blacks to vote was some kind of government handout.
But almost as troubling was the remark from Justice Anthony Kennedy who insisted that the Voting Rights Act, which was first enacted by Congress in 1965 and was renewed overwhelmingly in 2006, was an intrusion on Alabama as an “independent sovereign,” states’ rights language reminiscent of the Old Confederacy.
Indeed, the five Republican justices also including John Roberts, Clarence Thomas and Samuel Alito seem to have absorbed a Neo-Confederate interpretation of the Constitution that is at odds with what the Framers intended.
Editor: Freighted with respectable bourgeois political chatter, here is the would-be ‘Bill of Attainder’ against Justice Jackson, confected by Liptak!
Justice Jackson, who did not respond to a request for comment, has also been a harsh critic of the court’s use of truncated procedures in ruling on emergency applications.
“This fly-by-night approach to the work of the Supreme Court is not only misguided,” she wrote in April, when the court said that Venezuelan men the administration was seeking to deport to El Salvador had sued in the wrong court. “It is also dangerous.”
In a dissent from an emergency ruling in June granting Elon Musk’s Department of Government Efficiency access to sensitive Social Security data, Justice Jackson accused the majority of giving Mr. Trump favored treatment. “What would be an extraordinary request for everyone else,” she wrote, “is nothing more than an ordinary day on the docket for this administration.”
When the court let Mr. Trump lift humanitarian parole protections for more than 500,000 migrants in May, Justice Jackson wrote that the majority had “plainly botched” the analysis, “rendering constraints of law irrelevant and unleashing devastation.”
Justices Jackson and Sotomayor are the only members of the court who have served as trial judges. In the last term, Justice Jackson repeatedly criticized the majority for undermining the authority of their colleagues on the front lines.
In the dissent that prompted Justice Barrett’s rebuke, she decried the majority’s “dismissive treatment of the solemn duties and responsibilities of the lower courts.”
“Officials who use their public positions for private gain threaten the integrity of our most important institutions,” she wrote. “Greed makes governments — at every level — less responsive, less efficient and less trustworthy from the perspective of the communities they serve.”
Editor: How uttery inconveient for a sitting Justice of The Supreme Court , Justice Jackson, to remind the other members of the Court, that she is capable of telling critical evaliations of their corrupt practises?
Rootless cosmopolitan,down at heels intellectual;would be writer.
'Polemic is a discourse of conflict, whose effect depends on a delicate balance between the requirements of truth and the enticements of anger, the duty to argue and the zest to inflame. Its rhetoric allows, even enforces, a certain figurative licence. Like epitaphs in Johnson’s adage, it is not under oath.'
https://www.lrb.co.uk/v15/n20/perry-anderson/diary
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