Jackson enters her fourth year on the supreme court on Monday. As its fiercest liberal voice wary of Trump’s growing power, she faces an intense battle ahead
Her sharpest words were not in the body of her opinion. They were tucked away in a footnote.
That subtle placement speaks volumes about Ketanji Brown Jackson, the supreme court’s newest member and already its fiercest liberal voice.
See E. Fraenkel, The Dual State, pp. xiii, 3, 71 (1941) (describing the way in which the creation of a ‘Prerogative State’ where the Executive ‘exercises unlimited arbitrariness … unchecked by any legal guarantees’ is incompatible with the rule of law)
