Justice Ketanji Jackson: What Cragan Told Oliva Benson, What Byrd Told Hillary Clinton, What I Learned from the Chair of Paul, Weiss
Myths about a meritocracy and doing the right thing often distract from the realities of power. By time the bloodied or forced out "get it" that power typically is the decider serious damage could have happened. To the institution. To the professional's career. To innocent bystanders such as the 8.2 billion humans on planet earth.
Could this be triggered by the most junior member of the Supreme Court of the United States? That is, Justice Ketanji Brown Jackson.
In a series of articles in The New York Times which examine the styles of the three SCOTUS liberal members - here and here - there's this conjecture: Justice Jackson's iconoclastic approach in that rigid organization:
" ... could risk those votes [which contain a toning-down of conservative opinion thanks to the diplomacy of the other two liberals], or further erode faith in a court that may yet stand up to Mr. Trump ..."
Justice Jackson's MO includes:
- Being combative, in-person and in opinions, in contrast to attempting to form alliances. Creating coalitions is standard in the Court. There had even been a blow-out between her and important swing vote Amy Comey Barrett. Justice Elena Kagan has made it her business to build bridges with the Chief Justice as well as others. As a result, Justice Kagan has a track record for softening the content of some of the conservative rulings.
- Ignoring tradition in an old-line system based on seniority and a code of gentility. Although a junior member she takes the longest to speak. She uses inflammatory rhetoric targeted directly at the conservative majority. She issues dissents that haven't been requested. What a nuisance.
- Pitching a point of view directly to the public. You might have noticed how she pops up in the media. Yet, SCOTUS is a secretive organization. Taboo is going out of the box.
Thrown off your game, maybe the first time since you
started working? You made all the right moves and then the world moved in
another direction.
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