In her first year on the bench, Ketanji Brown Jackson voiced strong perspectives on race, history and the rights of criminal defendants. But did she sway votes?
New justices often display a guarded approach during their early months on the bench, but Justice Ketanji Brown Jackson jumped right into the fray, immediately becoming the most prolific questioner among the justices.
“I do think she’s bringing to the Supreme Court some new arguments and new ways of thinking about legal problems,” UCLA law professor Adam Winkler said. “She had an impressive first term, but her overall impact is limited by the fact that she’s in the minority in the biggest, most high-profile cases. … Obviously, it’s hard for her to change the law in any significant way in a dissent.”
Jackson did just that on her second day hearing arguments at the high court, when she questioned a lawyer for Alabama about whether the state’s congressional map gave minority voters a fair opportunity to elect their chosen candidates. Pushing back on the lawyer’s promotion of purportedly “colorblind” redistricting standards, Jacksonin the wake of the Civil War to try to improve the economic and educational status of former slaves.
Some court watchers credited Jackson with trying to force the conservative justices to grapple with the initial rationale for the 14th Amendment and to square that with originalist legal principles that constitutional provisions should be given the meaning they would have had when they were adopted. New justices often display a guarded approach during their early months on the bench, but Jackson jumped right into the fray, immediately becoming the most prolific questioner among the justices. She spoke more than 50 percent more words than the next-most loquacious justice this term, Sotomayor.“the most active new justice at oral arguments probably in the history of the Court and definitely over the past 30+ years.
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