Justice Ketanji Brown Jackson has staked out her own positions so far during her relatively short Supreme Court tenure. She continued in that mode Thursday, dissenting alone from a death penalty ruling by the Republican-appointed majority. Jackson’s criticism, which was stronger than her two fellow Democratic appointees’ separate dissent, provides some insight into the court, including within its three-justice minority, in a case that might otherwise escape widespread notice.
Had the majority been willing to abide by what the Sotomayor/Kagan dissent cited as proper procedure, then this could’ve been closer to a unanimous ruling overall. But Jackson’s solo dissent reframes the matter. “In its search for legal error in this capital habeas case, the Court makes many mistakes of its own, including misreading the Ninth Circuit’s opinion,” the Joe Biden appointee began. She took issue with the notion that the circuit “all but ignored” the aggravating factors.
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