Justice Ketanji Brown Jackson's recent Supreme Court rulings highlight her openness to various legal arguments and alignment with conservative colleagues on certain decisions. Her emphasis on historical and textual analysis has surprised observers who expected consistent liberal votes.
Newsweek reported that Justice Jackson, the first Black female justice appointed to the Supreme Court by President Joe Biden in 2022, has displayed a willingness to delve into historical and textual contexts in her decisions.
Despite being perceived as politically liberal, Jackson has sided with her conservative colleagues in several notable cases.
This term, Jackson aligned with conservative justices in the case of Fischer vs. United States, an issue stemming from the January 6 Capitol attack. The Supreme Court ruled in June that the Justice Department had misused a federal obstruction law to prosecute the defendants involved in the January 6 events.
The ruling, a 6-3 decision, saw Jackson joining Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh in the majority. She emphasized the narrow legal question at hand rather than the broader moral implications of the defendants' actions.
In her concurring opinion, Jackson clarified that the court's focus was on the interpretation of 18 U.S.C. §1512(c)(2), not on the actions' immorality. "Instead, the question before this court is far narrower: What is the scope of the particular crime Congress has outlined in 18 U.S.C. §1512(c)(2)?" Jackson articulated in her opinion.
Experts have noted that Jackson's judgements, while aligning with conservative justices, still reflect her liberal leanings, particularly in protecting the rights of criminal defendants.
Alison LaCroix, a professor at the University of Chicago Law School, remarked that Jackson's stance in Fischer is indicative of a liberal perspective prioritizing criminal defendants' rights over procedural overreach.
"Jackson called herself an originalist at her confirmation hearings and has shown a willingness to use history and text in her rulings," explained Dan Urman, director of the law and public policy minor at Boston's Northeastern University of Law. Urman expressed optimism about Jackson's flexibility to be persuaded by robust legal arguments.
Despite initial expectations that Justice Jackson would primarily cast liberal votes, her 59% liberal voting record contrasts slightly with Justices Sonia Sotomayor and Elena Kagan, who have liberal voting records of 63% and 65%, respectively. This divergence has led commentators to caution against making definitive conclusions about her ideological stance early in her tenure.
According to Alex Badas, a judicial politics professor at the University of Houston, it is not unusual for new justices to evolve in their roles.
Badas highlighted that while conservative justices may have sympathized with the January 6 defendants, Jackson focused on substantive aspects concerning defendants' rights and prosecutorial limits.
Justice Jackson's concurring opinion in Fischer underscores her concern for the rights of criminal defendants. "That's what's at issue in this case," LaCroix stated. Her decisions are likely driven by a consistent ideological framework addressing defendants' rights rather than transient political sympathies.
Badas pointed out that Jackson's slightly lower liberal voting percentage compared to her colleagues should not be over-interpreted.
"It usually takes a few years for a justice to get their footing, as they get a sense of the new job," Urman concurred, suggesting patience in assessing Jackson's long-term ideological trajectory.
Justice Ketanji Brown Jackson's recent Supreme Court decisions have highlighted her commitment to a historical and textual approach to legal interpretation.
Despite aligning with conservative justices in certain cases, her rulings underscore a liberal inclination to protect defendant rights.
Observers speculate that it's too soon to pigeonhole her judicial ideology, noting the time it typically takes for a new justice to solidify their role. Jackson's open-minded legal reasoning continues to set a promising precedent in her Supreme Court tenure.
