Ketanji Brown Jackson on Government Reform



Executive privilege not absolute; Presidents are not kings

In Committee on the Judiciary v. McGahn Jackson rejected the Trump administration's claim that "a President's senior-level aides have absolute testimonial immunity" from a subpoena, after a House committee subpoenaed former Trump White House counsel Don McGahn. Jackson's opinion in McGahn may be best known for one of its most widely quoted lines: "Presidents are not kings," Jackson wrote, and "they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control."
Source: Vox.com on Supreme Court nominee , Feb 25, 2022

Judges should defer to expert opinion of federal agencies

At her Senate Judiciary Committee hearing for the U.S. Court of Appeals, Judge Jackson said she had applied Chevron deference at least 11 times. Chevron is a long-standing doctrine where judges defer to the expert opinion of federal agencies. The Supreme Court historically recognized that agencies must have considerable leeway to create and enforce health and safety regulations. Lay justices should not substitute their opinions for those of career professionals.
Source: MedPageToday on 2022 SCOTUS Confirmation Hearings , Feb 25, 2022

No executive privilege for Trump's Jan. 6 documents

On the D.C. Circuit, Jackson has already been involved in one high-profile case: Trump's efforts to block the release of documents related to the Jan. 6, 2021, riot at the U.S. Capitol. The special House of Representatives committee investigating the riot asked the National Archives to turn over presidential records relating to the events of Jan. 6 & Trump's claims of election fraud in the 2020 presidential election.

When the archivist notified Trump that he would turn over records, Trump claimed executive privilege over some of the documents, including diaries, schedules, and visitor and call logs. But Biden countered that the documents should not be shielded by executive privilege, prompting Trump to go to court. The D.C. Circuit, in an opinion that Jackson joined, upheld that ruling. Trump then went to the Supreme Court, which on Jan. 19 turned down Trump's request to stop the release of the documents. Only Justice Clarence Thomas indicated that he disagreed with the court's decision.

Source: ScotusBlog.com on SCOTUS confirmation hearings , Feb 1, 2022

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Other Justices on Government Reform: Ketanji Brown Jackson on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

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Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Mar 21, 2022