I have no doubt that, if judges must allow the Executive to act unlawfully in some circumstances, as the Court concludes today, executive lawlessness will flourish.
Ketanji Brown Jackson
Judge / Justice
Ketanji Brown Jackson is an Associate Justice of the Supreme Court of the United States, having been nominated by President Joe Biden and confirmed in April 2021. She is the first African American woman to serve on the Court. Prior to her appointment, Jackson served as a judge on the U.S. Court of Appeals for the District of Columbia Circuit and was a federal district judge for the District of Columbia. Her judicial philosophy emphasizes a commitment to the rule of law and the importance of constitutional protections against governmental overreach.
That temporary, practical, harm-reducing preservation of the status quo was no match for this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture.
Ketanji Brown Jackson, the only justice to provide a written dissent, sharply criticized the decision as 'hubristic and senseless.'
The dual state that you lived in, and that you worked in, and that must be called out unflinchingly whenever it rears its head
A zone of lawlessness within which the Executive has the prerogative to take or leave the law as it wishes
Yet, for some reason, this Court sees fit to step in now and release the President's wrecking ball at the outset of this litigation.
At bottom, this case is about whether that action amounts to a structural overhaul that usurps Congress's policymaking prerogatives—and it is hard to imagine deciding that question in any meaningful way after those changes have happened.
Given the fact-based nature of the issue in this case and the many serious harms that result from allowing the President to dramatically reconfigure the Federal Government, it was eminently reasonable for the District Court to maintain the…