KETANJI BROWN JACKSON: LEGAL PHILOSOPHY OF A ROOKIE SUPREME COURT JUSTICE

Julie A. Braun, J.D., LL.M.

Abstract


This article provides an overview of The Honorable Ketanji Brown Jackson's legal philosophy, as gleaned from her decisions on the district court and the court of appeals along with her other writings and public statements. After a 'brief as a breath' and 'slim as a Pop-Tart' section providing a biographical sketch of Justice Jackson, the article offers context, absent a fortune teller's crystal ball or a statistically reliable aphorism or prophecy tucked inside a crisp sugary wafer, for understanding how a judge's background might inform her analysis or enlighten predictions about her potential contributions to a Supreme Court of the United States split by sharp, Grand Canyon-sized ideological differences. It strives to objectively appraise her performance as a judge sitting on two lower courts and dispassionately review her decisions trusting that they present a snapshot of broad areas of judicial philosophy, such as constitutional interpretation, statutory interpretation, and stare decisis. Finally, the invited review article takes a deep dive and explores select legal topics of particular interest given the Supreme Court's docket concentrating primarily on the substance of Jackson's judicial decisions rather than reviewing materials she prepared while representing clients because when an attorney acts as an advocate for a party in litigation, her arguments on behalf of that party may provide limited insight into that attorney's own views and preferences.

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