
George Washington University law professor Jonathan Turley said on Wednesday that Supreme Court Associate Justice Ketanji Brown Jackson is currently losing the support of her fellow liberal justices following another legal victory for President Donald Trump.
Associate Justice Ketanji Brown Jackson was the sole justice to dissent in a decision that allows Trump to move forward with his plans to reduce the federal workforce, calling the majorityâs decision âhubristic and senseless.â The majority ruled in an 8-1 decision to lift a lower courtâs injunction that blocked Trumpâs executive order directing agencies to prepare âlarge-scale reductionsâ of staff.
Turley said that Jackson could not even get Associate Justices Sonia Sotomayor and Elena Kagan to sign onto her dissent in this particular case.
âItâs particularly interesting from . Itâs not long ago that Justice Barrett went after Justice Jackson for what she described as basically an imperial judiciary,â Turley said. âAnd on this occasion, Jackson is alone. She couldnât even get Justice Sotomayor to sign onto this dissent. Keep in mind, what Sotomayor noted in her concurrence is that this order was simply having agencies plan for downsizing and she said we can hardly stop that. Well, yeah, Jackson believes you can and this is part of a signature of whatâs becoming some sort of a judicial abandon that Jackson has towards the power of these courts.â
âWeâve seen this interesting progression in these injunction cases. In an earlier case, Justices Sotomayor and Jackson lost Justice Kagan who would not sign on. Now Jackson has lost Justice Sotomayor and she is the sole dissenter,â Turley added.
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Jackson issued a scathing dissent where she criticized the majority for supposedly âreleasing the presidentâs wrecking ballâ to the federal bureaucracy.
âFor some reason, this court sees fit to step in now and release the presidentâs wrecking ball at the outset of this litigation,â Jackson wrote. âIn my view, this decision is not only truly unfortunate but also hubristic and senseless.â
Sotomayor, who ruled alongside the majority, wrote in a concurring opinion that the executive order signed by Trump only directed agencies to make plans to reduce the size of the workforce, which she said is âconsistent with applicable law.â
Jackson has entered a rift with her fellow justices as she has become increasingly critical of the high court in her dissenting decisions. The Biden-appointed justice issued a blistering dissent in the case Trump v. CASA, which limited district courtsâ uses of nationwide injunctions, where she wrote that the decision is an âexistential threat to the rule of law.â
Associate Justice Amy Coney Barrett wrote that Jacksonâs argument was âat odds with more than two centuriesâ worth of precedentâ and âthe Constitution itself.â
âWe will not dwell on JUSTICE JACKSONâs argument, which is at odds with more than two centuriesâ worth of precedent, not to mention the Constitution itself,â Barrett wrote. âWe observe only this: Justice Jackson decries an imperial Executive while embracing an imperial Judiciary.â
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