Supreme Court Justice Amy Coney Barrett sent a jolt through the marble halls of the Supreme Court on Friday, delivering a crisp and cutting rebuke to Justice Ketanji Brown Jackson’s dissent in the landmark birthright citizenship case — a ruling which was ultimately a big win for the Trump Administration.
Barrett, writing for the conservative majority, brushed aside Jackson’s sweeping objections as more performance than principle, off-key with both precedent and constitutional rhythm.
In doing so, the Court took a decisive step toward restoring judicial restraint, trimming back the unruly sprawl of nationwide injunctions that had become the lower courts’ favorite sledgehammer.
In Jackson’s dissent, she wrote, “It is not difficult to predict how this all ends. Eventually, executive power will become completely uncontainable, and our beloved constitutional Republic will be no more.”
“Quite unlike a rule-of-kings governing system, in a rule of law regime, nearly ‘[e]very act of government may be challenged by an appeal to law,’” Jackson wrote elsewhere. “At the very least, I lament that the majority is so caught up in minutiae of the Government’s self-serving, finger-pointing arguments that it misses the plot.”
“We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself,” wrote Barrett in a sharp rebuke of her colleague.
“We observe only this: Justice Jackson decries an imperial Executive while embracing an imperial Judiciary.”
Barrett added: “Because analyzing the governing statute involves boring ‘legalese,’ [Jackson] seeks to answer ‘a far more basic question of enormous practical significance: May a federal court in the United States of America order the Executive to follow the law?’
“In other words, it is unnecessary to consider whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive. Justice Jackson would do well to heed her own admonition: ‘[E]veryone, from the President on down, is bound by law,’” Barrett continued.
“That goes for judges too.”
More over at The New York Post:
Amy Coney Barrett rips Ketanji Brown Jackson over dissent in birthright citizenship case: ‘As brutal as I’ve ever seen’ https://t.co/7g0UkOPEnI pic.twitter.com/Kqu1fVQbCL
— New York Post (@nypost) June 27, 2025
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Author: Lord Staff
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