• Justice Jackson Is Even Worse Than We Thought

    From Leroy N. Soetoro@21:1/5 to All on Fri Jul 4 21:41:19 2025
    XPost: law.court.federal, sac.politics, alt.politics.republicans
    XPost: alt.war.civil.usa, alt.politics.nationalism.black

    https://pjmedia.com/matt-margolis/2025/06/30/justice-jackson-is-even- dumber-than-we-thought-n4941309

    We’ve previously covered Justice Ketanji Brown Jackson's dissent in Trump
    v. CASA Inc., yet it somehow manages to be worse than we initially
    thought. I think we can easily say that her dissent proves that she’s not
    a serious member of the Supreme Court.

    In the recent case concerning birthright citizenship and nationwide injunctions, while Justice Amy Coney Barrett delivered a majority opinion grounded in the Constitution and centuries of precedent, Jackson’s dissent veered into the realm of the absurd. Instead of offering a rigorous legal argument, Jackson resorted to rhetorical theatrics and bizarre
    hypotheticals, leaving observers wondering if she grasps the gravity of
    her role on the nation’s highest court.

    Barrett was brutal when she called out Jackson’s dissent as “untethered”
    to both precedent and the Constitution. She pointedly remarked, “We will
    not dwell on JUSTICE JACKSON’S argument, which is at odds with more than
    two centuries’ worth of precedent, not to mention the Constitution itself.
    We observe only this: JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.” That’s a polite way of saying Jackson’s reasoning is so far afield that it belongs in a law school debate club,
    not the Supreme Court.

    But Jackson didn’t just stop at ignoring precedent — she also tried to
    inject some late-night comedy timing into her writing. She actually
    included a parenthetical “wait for it,” as if her dissent were a stand-up routine rather than a legal document.

    As I understand the concern, in this clash over the respective powers of
    two coordinate branches of Government, the majority sees a power grab —
    but not by a presumably lawless Executive choosing to act in a manner that flouts the plain text of the Constitution. Instead, to the majority, the power-hungry actors are . . . (wait for it) . . . the district courts.

    It’s hard to imagine any of the Court’s great legal minds stooping to such gimmicks. And then it got worse.

    She took her dissent into science fiction territory. She actually wrote,
    “A Martian arriving here from another planet would see these circumstances
    and surely wonder: ‘what good is the Constitution, then?’”

    Dinesh D'Souza
    @DineshDSouza
    ·
    Follow
    This is Ketanji Jackson. Leaving aside the point she’s making, is it even correct grammar to say “Imagine a Martian arriving here from another
    planet.” A planet other than Mars? This is like saying, “Imagine an
    Australian arriving here from another country.”

    https://pbs.twimg.com/media/Gun_eB8WEAAOtAb?format=jpg&name=small

    I wonder what Martians would think about DEI hires?

    Seriously, though, that was embarrassing. The highest court in the land is
    not the place for extraterrestrial thought experiments. The American
    people deserve justices who are anchored in reality, not ones who rely on
    what imaginary Martians might think of our Constitution.

    The most troubling aspect is that Jackson shows no willingness to grapple
    with the real issues at stake. She refuses to acknowledge that district
    courts, by seeking to dramatically expand their own authority, might
    themselves be guilty of a “power grab.” Nor does she entertain the
    possibility that an executive acting in a way she dislikes isn’t
    automatically “lawless.” This isn’t legal analysis; it’s political
    posturing in black robes.

    I know Joe Biden promised to nominate a black woman to the court, but
    couldn’t he have found someone with some intellectual rigor, respect for
    the Constitution, or seriousness befitting the Supreme Court?

    The Supreme Court should be a fortress of reason — not a stage for
    activist grandstanding.


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