Justice Ketanji Brown Jackson is trying to warn us about something. Are we listening? [View all]
Last edited Sat Oct 4, 2025, 12:17 PM - Edit history (1)
https://www.theguardian.com/us-news/ng-interactive/2025/oct/04/justice-ketanji-brown-jackson-supreme-court
Jackson enters her fourth year on the supreme court on Monday. As its fiercest liberal voice wary of Trumps growing power, she faces an intense battle ahead
Her sharpest words were not in the body of her opinion. They were tucked away in a footnote.
. . .
The footnote in question can be found in
Trump v Casa, the June ruling that gave a big boost to Donald Trump by clipping the wings of federal judges and limiting their use of nationwide injunctions to block the presidents worst excesses.
Over 21 pages of taut dissent against Casa, Jackson decried the 6-3 ruling as an existential threat to the rule of law and a sad day for America. The ruling was profoundly dangerous, she wrote, because it gives Trump permission to wield the kind of unchecked, arbitrary power the Founders crafted our Constitution to eradicate.
Looking ahead, she added the decision would surely hasten the downfall of our governing institutions, enabling our collective demise.
This is strong medicine. But then there is footnote No 5, which takes her dissent to another level entirely.
. . .
Edit to add link to the text of the footnote - thank you, dweller.
https://www.politico.com/f/?id=00000197-b1f0-db52-a3b7-b1fdf7120000
Page 111 of 119 for footnote 5
(Her full dissent starts page 98 )