Ketanji Brown Jackson Spent Her First Year on SCOTUS as an Undaunted Dissenter

“She is a forceful presence,” said Margaret M. Russell, a professor at the Santa Clara University School of Law. “She seems willing to take on really any case, and to speak her mind and forge dissents that could one day be the majority opinion on the court.”

In her dissent on affirmative action, Jackson argues that the conservative majority is pushing a version of equality that is not rooted in the reality of the lived experiences of historically marginalized communities. This approach, referred to as “progressive originalism,” or even “Justice Jackson’s originalism” to some, appeared several times throughout the court term.

“To understand the Constitution is to understand that those were anti-slavery amendments,” Goodwin said. “So when people say, ‘The Constitution was never meant to talk about race,’ that’s historically inaccurate.”according to a report by Adam Feldman Beyond the volume of her words, experts note that Jackson also stands out in the way she speaks about the issues before the court. In a departure from many other Supreme Court justices, Jackson seems concerned with the individual human impact of the court’s decisions, said Tonja Jacobi, a professor of law at Emory University.

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