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Judge Jackson speaks after historic Supreme Court confirmation
18:20


KETANJI BROWN JACKSON IS ABOUT TO BECOME AMERICA'S MOST IMPORTANT AUTHOR

The Supreme Court's new addition will likely write dissenting opinions that
could be a road map for future court rulings.
April 8, 2022, 11:53 PM GMT+2

By Ja'han Jones

Judge Ketanji Brown Jackson’s first speech following her confirmation was deeply
emotional, and if you were listening closely, you heard her reveal what her
modus operandi would be once she’s seated. 

“It is an honor — the honor of a lifetime — for me to have this chance to join
the court," she said, "to promote the rule of law at the highest level, and to
do my part to carry our shared project of democracy and equal justice under law
forward and into the future."

Progressive legal opinions may serve as road maps for court arguments that
liberate down the line.

The court’s six Republican-appointed justices seem all but certain to gut many
of the most essential constitutional protections in American life, from abortion
rights to voting rights and virtually everything in between. And yet, the
dissenting opinions Jackson could write will have tremendous potential to shift
and shape public opinion and help establish legal precedent in the future, just
as her words seem to suggest. In my view, that makes her America’s next top
author.





The notion isn’t far-fetched. 

In a 2015 op-ed for The Washington Post, constitutional law professor David Cole
wrote that a dissent’s influence “depends on its ability to articulate a more
appealing vision of what the law should be.

"Majority opinions are exercises in power; dissents are appeals to our better
judgment," he wrote.

The court’s current conservative majority is proving that even widely popular
laws can be nullified through dubious legalese. Conversely, astute, progressive
legal opinions may serve as road maps for court arguments that liberate down the
line — and there’s really no telling how far down the line that would be. 



That was the case in 1896, when Justice John Marshall Harlan wrote the lone
dissenting opinion in Plessy v. Ferguson, the court ruling that permitted
segregation under the 14th Amendment. Harlan’s dissent is famous today, partly
because it foresaw a future of racial equality that was eventually supported by
the court’s decision in Brown v. Board of Education in 1954, which outlawed
segregation in public schools. 

“In my opinion, the judgment this day rendered will, in time, prove to be quite
as pernicious as the decision made by this tribunal in the Dred Scott Case,”
Harlan wrote, referencing the court’s 1857 ruling against Black citizenship. 

“Our Constitution is color-blind, and neither knows nor tolerates classes among
citizens,” he added.

It took about 60 years for those views to be buttressed by the Supreme Court.
But there’s no guarantee Jackson would have to wait that long for her dissenting
opinions to be written into law. 

In Cole’s Post op-ed, he noted Justice Antonin Scalia wrote a number of
dissenting opinions that, in Cole’s view, were unlikely to become law. That is,
unless one hypothetical situation were to occur (remember, this was 2015):

> Unless, of course, President [Marco] Rubio appointed a justice sharing
> Scalia’s perspective to replace one of the current liberal justices. In that
> case, there would be a solid conservative majority, Justice Anthony Kennedy
> would lose his status as swing voter, and many of Scalia’s views would have
> five votes.

In hindsight, we know how feasible that scenario of right-wing court domination
truly is. And if Scalia’s regressive, dissenting opinions could be made into
law, Jackson’s dissenting opinions could eventually be codified, as well.
Perhaps sooner than it seems.



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Joy Reid: Today was a day of victory not just for Black women and Black history,
but for America
10:52

Ja'han Jones

Ja’han Jones is The ReidOut Blog writer. He’s a futurist and multimedia producer
focused on culture and politics. His previous projects include “Black Hair
Defined” and the “Black Obituary Project.”

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