Ketanji Brown Jackson

Will the Supreme Court force Trump to repay tariffs?

The most important thing to know about the Trump administration’s defense of its hotly contested use of tariffs to bring allies and opponents to heel is not that it is a novel and unprecedented legal argument but rather a full-throated articulation of the campaign themes that got the president elected – in both 2016 and 2000.In its legal documents, and in the oral arguments that took place before the Supreme Court Wednesday, the Trump administration paints a picture of America under siege.Once thriving industrial towns in the Midwest hollowed out. Factories dismantled as supply chains have been moved offshore. Hostile foreign nations flooding the US with drugs and once productive workers turning to opioids and alcohol for solace as opportunities slip away.

Trump

Ketanji Brown Jackson pushes ideology over the Constitution

When a Supreme Court justice warns that the decisions of her colleagues pose an “existential threat to the rule of law,” it’s not just a legal disagreement – it’s a performance. Justice Ketanji Brown Jackson’s recent dissents, particularly in Trump v. Casa, show a troubling shift in the role of a justice. Instead of offering careful counterpoints rooted in constitutional reasoning, she delivers ideological monologues that sound tailor-made for MSNBC clips and Essence Fest applause lines. This isn’t a critique of dissent itself. Dissent is vital to the integrity of the Court. The late Antonin Scalia built an entire legacy on it – scorching in tone, yes, but always grounded in jurisprudence.

Ketanji Jackson

Amy Coney Barrett v. Ketanji Brown Jackson

The Supreme Court has reined in the authority of district court judges by ruling unconstitutional the ever more common practice of universal injunctions, an abuse of Article III power that cried out for the Court’s intervention. Trump v. Casa is a long overdue vindication of the limits of constitutional power. Sadly, yet increasingly predictably, some progressives claimed the end was nigh… again. In dissent, Justice Ketanji Brown Jackson’s words fairly smoldered from the page: “It is not difficult to predict how this all ends. Eventually, executive power will become completely uncontainable, and our beloved constitutional Republic will be no more.” She further lambasted her colleagues’ 6-3 majority decision as “an existential threat to the rule of law.

Supreme Court
Supreme Court

Supreme Court allows Trump to recast America

Donald Trump is on a roll. Last week, he bombed Iran and imposed a ceasefire on Tehran and Jerusalem. Now the Supreme Court, in its final day of session, has handed him another victory by constraining the power of federal judges to constrain the executive branch. The verdict is clear: the Trump administration will have much more latitude to recast America.In essence, the Supreme Court is consolidating a conservative counter-revolution that began, as Sam Tanenhaus notes in his exemplary new biography of William F. Buckley, Jr., after World War II and is reaching full flower under Trump. Once upon a time, liberals enacted sweeping policies and programs through the courts. Now it is the right’s turn.

Progressive Justice Ketanji Brown Jackson hammers nail into DEI coffin

The Supreme Court’s recent decision in Ames v. Ohio Department of Youth Services didn’t dominate the headlines – but it should have. In a unanimous ruling, the Court quietly dismantled a legal fiction that has distorted civil rights law for decades. And in a twist no one saw coming, the opinion was authored by Justice Ketanji Brown Jackson, the progressive icon of the bench. At the heart of Ames was a question few Americans knew they needed to ask: can equality before the law coexist with unequal legal standards? “In 2019, Ames – a straight, white woman – interviewed and was passed over for a newly created management role, which was instead awarded to a lesbian.

Ketanji Jackson

The trans debate shows we’re all supremacists

Why did Lia Thomas bother changing his name? According to the gender-studies mavens, it wasn’t strictly necessary. A trans woman doesn’t need a vaginoplasty or breast implants. He doesn’t even need to wear dresses. He doesn’t have to date men, or watch Downton Abbey or merge into traffic without checking his blind spots. Those are all socially constructed ideas of femininity. Trans women don’t have to conform to these sexist, patriarchal norms. Womanhood is a state of mind. The question, of course, is: what kind of state? The LGBT lobby refuses to answer that question. The official line is that anyone who identifies as a woman is a woman. If Hugh Jackman came out today and said, “Oi, mate, I’m a sheila,” a sheila he’d be. Fair dinkum.

Down with the Senate theater kids

Many failed actors work as waitstaff, or move back in with their parents. Some spiral into heroin addiction, prostitution or death. But it could be worse: a number end up in the United States Senate. This week, the Senate Judiciary Committee lent further credence to my long-held belief that anyone who declares an interest in running for political office should be committed to an asylum. The hearings for Judge Ketanji Brown Jackson bore closer resemblance to a remedial acting class than the inner democratic workings of a somewhat serious country. The right have been gorging on the clip of Democratic presidential hopeful Cory Booker giving it the full Olivier in his remarks to the judge.

theater

When Clarence Thomas mocked Cory Booker

Cockburn has never thought much of Senator Cory Booker. At a time when Republicans are forever being accused of demagoguery and playing to the cheap seats, Booker does the same thing, only from the other side and with a smile firmly in place. That practiced enthusiasm was on full display Wednesday when Booker "questioned" Supreme Court nominee Judge Ketanji Brown Jackson. And by "questioned," Cockburn means "tossed flower petals on the ground before her while weeping uncontrollably." This clip, in which Booker praises Jackson's record and lauds her for being the first black woman nominee to the Supreme Court, went viral: https://www.youtube.com/watch?v=wk-0eryw1u0 Certainly Cockburn can understand why Jackson's nomination struck a personal chord with Booker.