Ketanji Brown Jackson on Ethics, Trust, and Keeping It Collegial at the Supreme Court
Nov 25, 2024
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Ketanji Brown Jackson, the 116th Supreme Court Justice, reflects on her historic nomination by President Biden and the challenges that followed. She discusses her powerful dissent in the affirmative action case and the need for accountability regarding judicial ethics, emphasizing trust in the Court. Jackson highlights the importance of collegiality among justices, sharing how they maintain tradition despite political pressures. Her memoir, "Lovely One," offers deep insights into her journey and family background, adding a personal touch to her impressive legal career.
Justice Ketanji Brown Jackson underscores the importance of public trust in the Supreme Court, acknowledging its decline amidst perceptions of politicization.
She reveals how her personal journey and family support shaped her nomination process, emphasizing the balance between motherhood and her professional aspirations.
Deep dives
Supreme Court's New Era
Justice Ketanji Brown Jackson's appointment to the Supreme Court marks a significant moment in its history, especially as she stepped into her role shortly after the controversial Dobbs decision, which overturned Roe v. Wade. Her dissenting opinions reflect a strong stance against what she views as detrimental shifts in judicial philosophy, particularly regarding affirmative action and presidential immunity. In her dissent regarding presidential immunity, she expressed grave concerns about potential abuses of power, arguing that the majority opinion undermined essential constitutional norms by granting the executive branch extraordinary protections. Jackson emphasizes that allowing such immunity could incentivize misconduct, which is contrary to the foundational principles of accountability within the justice system.
The Personal Journey to the Court
Justice Jackson shares her personal experience leading up to her nomination, highlighting a thoughtful process involving her family to ensure a smooth transition into public life. She revealed that her teenage daughters were significant in shaping her decision, as one is neurodivergent, and concerns about the spotlight were addressed openly. When she received the call from President Biden regarding her nomination, she described the moment as shocking and said her family's joy was palpable, noting their unwavering support throughout her journey. This personal narrative reflects Jackson's commitment to balancing her professional aspirations with her responsibilities as a mother and a role model.
Public Trust and Court Culture
Justice Jackson laments the decline in public trust in the Supreme Court, attributing it to perceptions of politicization rather than any single ruling. She emphasizes the importance of maintaining public confidence in the judiciary, asserting that the legitimacy of the court hinges on public perception rather than coercive power. Furthermore, she discusses the collegial culture within the court, which fosters relationships among justices, despite differing opinions and sharp legal disagreements. Jackson highlights that while they engage in spirited debates during official discussions, social interactions remain cordial and important for the court’s functioning as a unified body.
Since the founding of the nation, just 116 people have served as Supreme Court Justices; the 116th is Ketanji Brown Jackson, appointed by President Biden in 2022. Jackson joined a Court with six conservative Justices setting a new era of jurisprudence. She took her seat just days after the Dobbs decision, when Justice Samuel Alito’s majority opinion overturned Roe v. Wade. She wrote a blistering dissent to the Harvard decision, which ended affirmative action in college admissions, in which she accused the majority of a “let-them-eat-cake obliviousness” to the reality of race in America. She also dissented in the landmark Presidential-immunity case. Immunity might “incentivize an office holder to push the envelope, with respect to the exercise of their authority,” she tells David Remnick. “It was certainly a concern, and one that I did not perceive the Constitution to permit.” They also discussed the widely reported ethical questions surrounding the Court, and whether the ethical code it adopted ought to have some method of enforcement. But Jackson stressed that whatever the public perception, the nine Justices maintain old traditions of collegiality (no legal talk at lunch, period), and that she sometimes writes majority opinions as well as vigorous dissents. Jackson’s recent memoir is titled “Lovely One,” about her family, youth, and how she got to the highest position in American law.
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