Shawn Fleetwood of the Federalist highlights one U.S. Supreme Court justice’s written response to a colleague’s cluelessness.
Associate Justice Ketanji Brown Jackson has never been one to shy away from engaging in left-wing political activism while on the bench. And now, it appears some of her Supreme Court colleagues are growing tired of it.
In its Friday ruling nuking lower courts’ nationwide injunctions against President Trump’s birthright citizenship order, the high court’s majority took a verbal flamethrower to Jackson’s dissenting opinion. …
… Writing for the majority, Associate Justice Amy Coney Barrett did not mince words when criticizing the lack of legal rationale behind the Biden appointee’s emotionally-charged dissent.
While noting how the principal dissent authored by Associate Justice Sonia Sotomayor “focuses on conventional legal terrain, like the Judiciary Act of 1789 and our cases on equity,” Barrett highlighted how Jackson’s dissent “chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever.” More specifically, she underscored how her Democrat-appointed colleague’s expressed views on the power of courts go beyond those of judicial supremacists — those who believe the judiciary is superior to the other branches of government.
“Waving away attention to the limits on judicial power as a ‘mind-numbingly technical query,’ post, at 3 (dissenting opinion), [Jackson] offers a vision of the judicial role that would make even the most ardent defender of judicial supremacy blush. In her telling, the fundamental role of courts is to ‘order everyone (including the Executive) to follow the law—full stop.’”
In continuing her assessment of Jackson’s “extreme” argument on the power and scope of lower courts’ nationwide injunctions, Barrett noted how the Court’s most junior justice “appears to believe that the reasoning behind any court order demands ‘universal adherence,’ at least where the Executive is concerned.” After underscoring her judicial supremacist views, Barrett excoriated Jackson for ignoring basic separation of powers and the limits placed upon the judiciary.
The post Barrett slams SCOTUS colleague’s dimwitted dissent first appeared on John Locke Foundation.
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Author: Mitch Kokai
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