In her first appearance since the High Court ruled that judges cannot abuse their powers by regularly issuing nationwide injunctions to halt an administration’s policies, Justice Jackson said she believes rulings from the court’s conservative majority pose an “existential threat to the rule of law.”
“Sometimes we have cases that have those kinds of implications, and, you know, are there cases in which there are issues that have that kind of significance? Absolutely,” Jackson told Davis.
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Jackson issued a similar criticism last month in a dissenting opinion for Trump v. Casa, in which the majority ruled in the controversial “birthright citizenship” case that lower courts cannot simply issue nationwide injunctions, and that doing so is an abuse of their judicial power. In her dissent, Jackson wrote that she has “no doubt that executive lawlessness will flourish because of the decision,” and that she predicts “executive power will become completely uncontainable.”
Justice Amy Coney Barrett scorched Jackson’s dissenting opinion for being “at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself.”
“JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary,” Barrett wrote. “…JUSTICE JACKSON would do well to heed her own admonition: ‘[E]veryone, from the President on down, is bound by law.’ That goes for judges too.”
Jackson did not directly address the case or criticisms during the interview, which took place at the ESSENCE Festival of Culture in New Orleans, Louisiana, although she said she has a right to express her views.
“I am actually heartened that people are focused on the court and the work that we’re doing on the state of the government,” she said. “As a democracy, the people are supposed to be the rulers. The people are supposed to be leading in terms of the policies and the way in which our government operates. And so, the more that people are engaged with our institutions the better.”
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Jackson, the newest Supreme Court justice, wrote more than 24 opinions during her recently concluded third term on the court, “second only to Justice Clarence Thomas…and was the justice most often in dissent,” according to the report.
Jackson was also the most vocal justice during oral arguments, “by one count uttering 79,000 words, more than any other colleague,” the report continues.
“It’s funny to me how much people focus on how much I talk in oral argument,” Jackson said. “It’s been a bit of an adjustment because as a trial court judge, you have your own courtroom so you can go on as long as you want. So, trying to make sure that my colleagues get to ask some questions has been a challenge for me, but I’ve enjoyed it.”
Jackson added that she believes justices excel at maintaining cordial relationships with each other, despite their disagreements on cases.
She attended the event as part of a promotional tour for her new memoir, “Lovely One.”
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
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