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Justice Jackson’s Fearless Independence and Solo Advocacy in First Term

Supreme Court nominee Judge Ketanji Brown Jackson listens during her confirmation hearing before the Senate Judiciary Committee Monday, March 21, 2022, on Capitol Hill in Washington. (AP Photo/Jacquelyn Martin)

Ketanji Brown Jackson, the first Black female justice on the US Supreme Court, concluded her inaugural term with a powerful dissent against her conservative colleagues’ decision to strike down affirmative action in higher education. In her dissent in the Students for Fair Admissions v. Harvard case, Jackson criticized the majority’s detachment from the country’s historical and present experiences, denouncing their pursuit of “colorblindness for all” through legal fiat. She emphasized that disregarding race in law does not erase its significance in real life.

Throughout her first term, Justice Jackson displayed an uncompromising style, challenging norms both inside and outside the courtroom. From the outset, she made it clear that she would not simply observe and learn the ropes like some new justices tend to do. On her second day of oral arguments, she actively engaged in discussions, offering her unique perspective on the historical context of a case involving GOP-challengers advocating for a race-neutral test in analyzing voting maps. Jackson argued that the purpose of the 14th Amendment’s equal protection clause was to rectify past discrimination and ensure equal rights for Black citizens, which contradicts the notion of race neutrality.

To the surprise of court watchers, Jackson’s analysis proved influential in the case of Allen v. Milligan, with the court ultimately siding with her and rejecting the color-blind argument in a 5-4 ruling, joined by Chief Justice John Roberts and Brett Kavanaugh. Jackson emerged as the most vocal justice during oral arguments this term, speaking 57% more words than the second-most talkative justice, her liberal ally Sonia Sotomayor.

Her questions during arguments aimed to explore the core legal issues and the moral implications of the case. Deepak Gupta, a seasoned attorney who has argued before the Supreme Court, noted that Jackson’s concern for how the law affects everyday Americans is influenced by her background representing poor and working people as a public defender—a job no other justice has held. Additionally, her experience on the US Sentencing Commission and as a federal trial court judge further informs her understanding of how court decisions impact people’s lives.

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Jackson’s commitment to justice is evident in her blistering dissents, where she goes beyond the narrow legal issues to highlight the practical consequences of the court’s rulings. In Glacier Northwest, Inc. v. Int’l Brotherhood of Teamsters, she filed the first solo dissent by a first-term justice since Clarence Thomas in 1991, emphasizing the fundamental right to strike and warning against erosion of that right. George Washington University Law School Dean Dayna Matthew praised Jackson’s fearlessness and her ability to dissent emphatically and forcefully when necessary.

Jackson’s dissents often found her in unusual alliances, at times even aligning with conservative Justice Neil Gorsuch when matters involved perceived government overreach. Her extensive experience as a federal trial court judge allows her to dig deep into the facts of each case, making her decision-making process more grounded and comprehensive than some of her colleagues with primarily appellate court experience.

Off the bench, Jackson embraces her role as a Supreme Court justice, appearing as comfortable in the public eye as she is during hearings. She participated in a Vogue photoshoot and later disclosed keeping $6,580 worth of designer clothing from the session. She has also announced plans to write a memoir titled “Lovely One,” chronicling her life journey from growing up in Miami to her Senate confirmation for the Supreme Court.

As she continues her tenure on the Court, Justice Ketanji Brown Jackson’s unwavering commitment to justice, fearless approach, and deep understanding of the practical implications of court decisions position her as a formidable force in shaping the legal landscape of the United States.

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Rachel E: