Lower court judges have their fingers on the pulse of what is happening on the ground and are indisputably best positioned to determine the relevant facts.
Ketanji Brown Jackson: “Lower court judges have their fingers on the pulse of what is happening on the ground and are indisputably best…”
Editor's note · Context
Jackson argued that lower courts are better suited to assess the situation.
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To be sure, the Court has not foreclosed States from challenging this blatantly unconstitutional Order.
The harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the Government experiences when it is prevented from taking an action that it likely lacks the authority to take.
You know, there are lots of limits on what judges can do, and I try to be very, very mindful and scrupulous with respect to that because, as you say, our obligation is to be unbiased in our approach.
This ruling violates well-established precedents concerning this Court’s equitable discretion and needlessly injects chaos and uncertainty into the upcoming midterm elections.