(NEW ORLEANS) — Justice Ketanji Brown Jackson, in her first public appearance since the Supreme Court sharply limited the ability of federal judges to check presidential power, said Saturday she believes recent rulings by 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 ABC News Live Prime anchor Linsey Davis during a wide-ranging conversation at the Global Black Economic Forum.
The court’s newest justice and member of the liberal minority first leveled the charge last month in a remarkable solo dissent in the case Trump v Casa, which partially lifted nationwide injunctions against President Donald Trump’s executive order to effectively end birthright citizenship.
Jackson also wrote in her dissent that she has “no doubt that executive lawlessness will flourish because of the decision” and that she predicts “executive power will become completely uncontainable.” The unusually blunt and sobering assessment drew sharp criticism, including from her colleagues.
Justice Amy Coney Barrett accused Jackson of a “startling line of attack that is tethered neither to [precedent and the Constitution] nor, frankly, to any doctrine whatsoever.”
While Jackson did not directly address the case or specific criticism, she defended her right to express her views on the law and suggested that public scrutiny of the debate is welcomed.
“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 told Davis. “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.”
Jackson’s appearance came at the ESSENCE Festival of Culture in New Orleans, Louisiana, and was part of a promotional tour for her new memoir, “Lovely One,” which chronicles her journey from south Florida to the Ivy League and on to the high court.
President Joe Biden appointed Jackson in 2022 to replace retiring Justice Stephen Breyer. She is the first former public defender, for Florida-raised judge, and first Black woman to serve as a justice.
“I’m aware that people are watching,” Jackson told Davis. “They want to know how I’m going to perform in this job and in this environment, and so I’m doing my best work as well as I can do, because I want people to see and know that I can do anything just like anyone else.”
In her recently-concluded third term on the court, Jackson wrote more than 24 opinions — second only to Justice Clarence Thomas — and was the justice most often in dissent.
“We have very different opinions,” Jackson said, “and it’s a tradition of the Court that justices get to voice their opinions in the context of their opinions and writings.”
During oral arguments, Jackson was also among the most vocal on the bench — by one count uttering 79,000 words, more than any other colleague.
“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 said she believes the justices are “good at separating out the work” and maintaining cordial personal relationships with each other despite their disagreements.
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