Amy Coney Barrett Torches Ketanji Brown Jackson’s ‘Extreme’ Opinion

The U.S. Supreme Court sided with the Trump administration on Friday in its bid to restrict national injunctions against the president’s birthright citizenship executive order, while litigation on the issue continues.

Justice Amy Coney Barrett wrote the majority judgment for the court, which voted 6-3 on the issue. Justice Sonia Sotomayor dissented, and Justices Elena Kagan and Ketanji Brown Jackson supported her position.

In her opinion, Barrett wrote: “Some say that the universal injunction ‘give[s] the Judiciary a powerful tool to check the Executive Branch.’ … But federal courts do not exercise general oversight of the Executive Branch; they resolve cases and controversies consistent with the authority Congress has given them. When a court concludes that the Executive Branch has acted unlawfully, the answer is not for the court to exceed its power, too.”

Barrett also juked Jackson, a Biden nominee, from orbit.

 

“We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries worth of precedent, not to mention the Constitution itself. We observe only this: Justice Jackson decries an imperial Executive while embracing an imperial Judiciary,” Barrett wrote.

“In other words, it is unecessary to consider whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive. JUSTICE JACKSON would do well to heed her own admonition: ‘[E]veryone, from the President on down, is bound by law.’ That goes for judges too,” she added.

Add a Comment

Your email address will not be published. Required fields are marked *