Ketanji Brown Jackson, the first Black woman to serve on the U.S. Supreme Court, has made a notable impact since joining the bench just two months prior. During a heated oral argument in December, Jackson raised a memorable question regarding the collision between free speech protections for business owners and LGBT rights. The case involved Lorie Smith, a Christian web designer from Colorado seeking the right to refuse designing websites for same-sex marriages.
Jackson posed a thought-provoking scenario, suggesting that a win for Smith could open the door for a professional photographer to exclude Black children from a nostalgic Christmas photo with Santa Claus styled after the racially segregated 1940s era. Jackson emphasized that it was important to consider the implications of such a decision. Smith’s attorney, Kristen Waggoner, acknowledged the difficulty in drawing lines and conceded that the scenario posed by Jackson could be an edge case.
Throughout the court’s current term, Jackson, appointed by Democratic President Joe Biden, has established herself as an assertive and independent justice. Legal scholar Adam Feldman, who tracks court data, noted that Jackson spoke more during oral arguments than any of the other current justices during their first terms. Her active engagement and willingness to ask tough questions have earned her respect and recognition.
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Terry Maroney, a professor at Vanderbilt Law School specializing in judicial decision-making and behavior, commended Jackson’s approach, stating that she has shown up from day one with confidence and expertise. Maroney highlighted Jackson’s ability to present uncomfortable hypothetical scenarios, even if they cause discomfort, indicating her fearlessness in tackling challenging issues.
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As the court’s term approaches its end, several major cases, including Smith’s case and the fate of race-conscious university student admissions policies, are yet to be decided. Throughout this term, Jackson has demonstrated a willingness to collaborate with both her fellow liberals and the conservative majority when making decisions. Her addition to the court did not shift its ideological makeup, as the 6-3 conservative majority has remained steadfast in rapidly changing the law.
Notably, conservative justices have ruled against the recognition of a constitutional right to abortion and have expanded gun rights in recent rulings. This term, they have also ruled against the Environmental Protection Agency, potentially leaving vulnerable wetlands unprotected under an important anti-pollution law. Surprising scholars and court watchers, the term has seen conservative justices joining liberals in rejecting race-based challenges to a federal voting rights law and an adoption law concerning Native American children.
Ketanji Brown Jackson’s impressive presence and active involvement on the bench have solidified her reputation as a formidable justice. With her background as a former federal trial and appellate court judge, she brings a wealth of experience to the Supreme Court. While her tenure is still in its early stages, her confident and assertive approach indicates her dedication to ensuring thorough deliberation and fair outcomes.
As the court prepares to issue more rulings, the legal community eagerly anticipates Jackson’s contributions and the potential impact of her decisions. Her willingness to address complex issues and her commitment to justice make her an influential figure on the highest judicial body in the United States.
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