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The Chilling Jurisprudence of Justice
Ketanji Brown Jackson

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Posted By: earlybird, 6/29/2025 10:32:25 AM

Below is my column in the New York Post on the controversial dissenting opinion of Justice Ketanji Brown Jackson in the injunction ruling in Trump v. CASA on Friday. The opinion seemed to fan the flames of “democracy is dying” claims of protesters, suggesting that basic limits on injunctive relief could result in the collapse of our core institutions. It was a hyperventilated opinion better suited to a cable program than a Court opinion. The response from Justice Amy Coney Barrett was a virtual pile driver of a rebuke. What was notable is that a majority of the justices signed off on the takedown. It could indicate a certain exasperation

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Reply 1 - Posted by: earlybird 6/29/2025 10:41:35 AM (No. 1970774)
Turley goes on where Barrett left off. and doesn't hold back. Always worth a read.
44 people like this.

Reply 2 - Posted by: VirtuDawg 6/29/2025 10:48:36 AM (No. 1970775)
What do you expect from a DEI hire?? Competence???
55 people like this.

Reply 3 - Posted by: Quigley 6/29/2025 10:58:46 AM (No. 1970778)
It doesn't know what It is. After all, she's not a linguist so how could she know what writing says? Is she really a Null Set or is she simply trying to overthrow our form of government? The perennial question.
27 people like this.

Reply 4 - Posted by: planetgeo 6/29/2025 11:12:56 AM (No. 1970782)
Jackson is wholly incompetent and unfit for the Supreme Court. A classic DEI appointment that is both embarrassing and dangerous. I give credit to Barrett for taking the unprecedented step to publicly call her out in the majority opinion that she delivered. The only thing better would be to start an impeachment process to actually remove Jackson.
60 people like this.

Reply 5 - Posted by: DVC 6/29/2025 11:52:55 AM (No. 1970802)
An excellent review of the raging of Jackson against being constrained by mere "textualism", meaning the words written in the laws. FTA, Turley says very well -- "The last term has laid bare some of the chilling jurisprudence of Justice Jackson, including a certain exasperation with having to closely follow the text of laws. (In an earlier dissent this term, Jackson lashed out against the limits of textualism and argued for courts to free themselves from the confines — or shall we say the “minutiae” — of statutory language). In this opinion, Barrett slams Jackson for pursuing other diversions “because analyzing the governing statute involves boring ‘legalese.'” Again, what Jackson refers to as “legalese” is the heart of the judicial function in constraining courts under Article III. Untethered by statutory or constitutional text, it allows the courts to float free from the limits of the Constitution." The three leftist justices chafe endlessly at the limitations to their power by the words of the Constitution, and frequently range far afield in their quest to do political rulings from the legal bench. Turley does a great job here, as does Justice Barrett with here comments.
34 people like this.

Reply 6 - Posted by: FL_Absentee_Voter 6/29/2025 12:11:49 PM (No. 1970809)
I just noticed that Jonathanturley is a .org and not a .com - interesting.
3 people like this.

Reply 7 - Posted by: bighambone 6/29/2025 12:13:29 PM (No. 1970812)
Remember Ketanji Jackson is issuing Supreme Court opinions exactly as the leftist progressive Democrats who actually ran the so-called Biden White House and who actually nominated her to serve on the Supreme Court expected! So from now on there should be no surprise as to her politics and the way she will rule in the future. When the leftist progressive Democrats are successful in nominating five more Ketanji Jackson type individuals to the Supreme Court, no doubt it will not be long before the USA will have entirely different jurisprudence.
14 people like this.

Reply 8 - Posted by: jar 6/29/2025 12:27:06 PM (No. 1970822)
Justice Ketangi Brown should have stuck to her show business career. The Broadway stint she recently performed in proved she has a genuine talent for singing, dancing, acting, and entertaining. She would be doing the law a great service and theatre as well to resign her Supreme Court career and devote herself full time to performing.
19 people like this.

Reply 9 - Posted by: Namma 6/29/2025 12:30:41 PM (No. 1970825)
I have many times that the person who should be on the court is Johnathan Turley. I believe he is very qualified to be on the SC. This is another article, written by him that just proves he is qualified for the position. Ms. KJB is NOT!
19 people like this.

Reply 10 - Posted by: Flyball Dogs 6/29/2025 12:30:56 PM (No. 1970826)
#3, not sure she can’t be BOTH: a Null Set (fabulous phrase, BTW, which I’m going to adopt), AND trying to overthrow our form of government. She was probably nominated by Autopen, but 3 RINOS were included in her confirmation. What does that say about them?
10 people like this.

Reply 11 - Posted by: MickTurn 6/29/2025 12:44:01 PM (No. 1970828)
KBJackazz is a DEI HIRE on Steroids. On top of that she has NO CLUE about any laws or the Constitution.
12 people like this.

Reply 12 - Posted by: WhamDBambam 6/29/2025 1:07:41 PM (No. 1970840)
In a way, I think it's beneficial to have the flower of DEI up on public display.
8 people like this.

Reply 13 - Posted by: earlybird 6/29/2025 1:34:41 PM (No. 1970847)
She may or may not be as stupid as she seems. ("Ignorance can be fixed; stupid is forever." -earlybird) but she is biased to her core which makes her unfit for any judgeship let alone the SCOTUS. The Dem manipulation that was planned and got her onto the Court was reported here. It involved putting Gatland at AG and Jackson at a judgeship in DC. Done to line her up for the SCOTUS. Obama? He and his henchpersons, probably. And deadhead Biden was their tool.
8 people like this.

Reply 14 - Posted by: earlybird 6/29/2025 1:51:21 PM (No. 1970852)
If you can believe reports, Sotomayor has been ill for some time. She could also be impeachable (it was throught to be the case in 2010 but went nowhere. It would oteresting to know the details.) Her leaving within thenext 3.5 years would be a gift...
12 people like this.

Reply 15 - Posted by: jasmine 6/29/2025 2:01:30 PM (No. 1970858)
FTA: It is the minutiae that distinguish the rule of law from mere judicial impulse. Beautifully stated. Jackson seems disinclined to bother with analyzing the "minutiae", as if proper interpretation of what a law intends can be done without undertaking responsibility for thoroughly understanding all of the parts that went into it. Fortunately, the majority did not shy away from putting in the time and effort required to do their jobs. At the same time, it's telling that three of the members were so personally invested in finding a way to legitimize universal injunctions.
8 people like this.

Reply 16 - Posted by: Digger 6/29/2025 3:43:38 PM (No. 1970900)
Lyndon Johnson nominee,Thurgood Marshall, was a proponent of the kind of law practiced by KJB, Sotomeyer and Kagen. It teaches to look at emotional issues and imagined hypothetical consequences rather than the clear reading of the Law. Marshall once said ( not a verbatim quote) “When I decide a case, I first look for what I think is right and then I look for a law to support it.” Exactly backwards! If there is a problem with the Law, it is for the courts to point that out and for Congress to fix it. (Just the thoughts of a poor dumb engineer)
10 people like this.

Reply 17 - Posted by: Digger 6/29/2025 8:16:53 PM (No. 1970985)
Apologies - Sotomayor and Kagan.
1 person likes this.

Reply 18 - Posted by: mifla 6/30/2025 7:23:09 AM (No. 1971110)
She thinks the law should be as she wants it to be, not what it actually says. Amy nailed her - FTA: "We observe only this: JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.”
1 person likes this.

Reply 19 - Posted by: paral04 6/30/2025 10:24:56 AM (No. 1971182)
Brown Jackson needs to step down. She is a partisan hack with an attitude.
0 people like this.

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