Image Credit: JACQUELYN MARTIN/POOL/AFP via Getty Images 
Supreme Court Justice Amy Coney Barrett issued a scathing rebuke of colleague Justice Ketanji Brown Jackson in a ruling Friday, chastising her for failing to understand the limits of the Judicial Branch.
Criticizing Jackson’s dissenting opinion, which suggested the Judiciary has authority over the Executive Branch, Barrett – writing for the majority – accused her of failing to recognize that federal courts cannot override a U.S. President’s executive orders.
Barrett succinctly summed up her issue with Jackson’s dissent in the following two sentences: “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.“
In her dissenting opinion, Jackson claimed the Trump administration’s case seeking to ban birthright citizenship was essentially “a request for this Court’s permission to engage in unlawful behavior.”
“When the Government says ‘do not allow the lower courts to enjoin executive action universally as a remedy for unconstitutional conduct,’ what it is actually saying is that the Executive wants to continue doing something that a court has determined violates the Constitution—please allow this,” Jackson argued, adding the ruling would create a “zone of lawlessness” allowing the Executive Branch to act unilaterally and unlawfully.
“I have no doubt that, if judges must allow the Executive to act unlawfully in some circumstances, as the Court concludes today, executive lawlessness will flourish, and from there, it is not difficult to predict how this all ends. Eventually, executive power will become completely uncontainable, and our beloved constitutional Republic will be no more,” Jackson wrote.
Justice Barrett dug into Jackson, writing, “The principal dissent [penned by Justice Sonia Sotomayor] focuses on conventional legal terrain, like the Judiciary Act of 1789 and our cases on equity. JUSTICE JACKSON, however, chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever.“
“Waving away attention to the limits on judicial power as a ‘mind-numbingly technical query’…she offers a vision of the judicial role that would make even the most ardent defender of judicial supremacy blush,” Barrett continued, adding that, “Rhetoric aside, JUSTICE JACKSON’s position is difficult to pin down.”
“No one disputes that the Executive has a duty to follow the law. But the Judiciary does not have unbridled authority to enforce this obligation—in fact, sometimes the law prohibits the Judiciary from doing so,” Barrett wrote, referencing Marbury v. Madison which established the judiciary as a co-equal branch of government limited by law and statute.
“JUSTICE JACKSON skips over that part. Because analyzing the governing statute involves boring legalese”… she seeks to answer ‘a far more basic question of enormous practical significance: May a federal court in the United States of America order the Executive to follow the law?’ In other words, it is unnecessary to consider whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive.”
Justice Barrett concluded with a brutal slam, telling Jackson she should adhere to her own doctrine, writing, “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.”
Barrett’s utter rejection of Jackson’s ridiculous arguments was roundly celebrated on social media.
“The woman who could not define what a ‘woman’ is got all caught up on tricky ‘legalese,'” commented X user @JimPfaff.
Indeed, it’s surprising to see such extreme opinions as Justice Jackson’s being espoused at the highest levels, but fortunately, conservatives on the Court are able to steer it toward constitutionality and restrain judicial power grabs.
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