Ketanji Brown Jackson on Ethics, Trust, and Keeping It Collegial at the Supreme Court
Nov 22, 2024
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Ketanji Brown Jackson, appointed by President Biden in 2022, shares her groundbreaking journey as the first Black woman on the Supreme Court. She discusses the challenges of navigating a court marked by heightened ethical scrutiny and declining public trust. Jackson reflects on her powerful dissent on affirmative action, emphasizing the importance of accountability. She reveals the collegial culture among justices, contrasting the tension with their camaraderie, and offers insights from her memoir "Lovely One," reflecting on her family and personal growth.
Justice Ketanji Brown Jackson emphasized the need for accountability in the executive branch, questioning the implications of presidential immunity on legal oversight.
Amidst declining public trust towards the Supreme Court, Jackson highlighted the importance of maintaining collegiality and the judiciary's perceived impartiality.
Deep dives
Justice Ketanji Brown Jackson's Journey to the Supreme Court
Justice Ketanji Brown Jackson's ascent to the Supreme Court was marked by both personal and professional preparation. Upon learning of her nomination from President Biden, she felt a mix of surprise and honor, especially after discussing the potential transition with her family. Jackson had spent years being vetted and knew the significance of the appointment, navigating concerns about public scrutiny, particularly for her neurodivergent daughter. This moment in her life reflects her long-held ambition of becoming the first Black female Supreme Court justice—a dream she even noted in her high school yearbook.
Dissenting Views on Presidential Immunity
In a pivotal dissent regarding presidential immunity, Jackson expressed serious concerns about the implications of the ruling, describing it as a 'five-alarm fire.' She argued that the decision underestimated the need for accountability in the executive branch, which should not be shielded from the legal consequences of alleged wrongdoing. Jackson highlighted her background as a public defender to emphasize the importance of upholding the criminal justice system's integrity and the potential dangers of allowing immunity to influence the exercise of presidential power. Her dissent serves as a critical reflection on the balance of power and the importance of maintaining constitutional norms.
Challenges of Public Trust in the Supreme Court
The current decline in public trust towards the Supreme Court raises significant concerns regarding its role in American democracy. Jackson emphasized the importance of public confidence, noting that the legitimacy of the judiciary relies on the public's belief in its impartiality and integrity. While some of the erosion of trust can be attributed to controversial rulings, she suggested that perceived partisanship among justices poses a greater threat. The justices strive to maintain collegiality and uphold the rule of law, yet Jackson acknowledged that the court must address these trust issues seriously to fulfill its constitutional duties effectively.
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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