cover of episode Ketanji Brown Jackson on Ethics, Trust, and Keeping It Collegial at the Supreme Court

Ketanji Brown Jackson on Ethics, Trust, and Keeping It Collegial at the Supreme Court

2024/11/22
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卡坦吉·布朗·杰克逊
大卫·雷姆尼克
Topics
大卫·雷姆尼克:采访围绕着最高法院的伦理问题、公众信任的下降以及法院内部的同事关系展开。文章提到了几个有争议的案例,例如堕胎案、平权行动案和总统豁免权案,以及这些案件中法官杰克逊的反对意见。此外,文章还探讨了最高法院的道德准则及其执行机制,以及公众对法院政治化的看法。 卡坦吉·布朗·杰克逊大法官:就总统豁免权案,杰克逊大法官认为,赋予总统豁免权可能会鼓励滥用权力,这与宪法原则相悖。关于法院的伦理问题,她认为法院最近采用的道德准则应该具有可执行性,类似于下级法院的道德准则。她还强调了公众信任对司法机构的重要性,并指出公众信任的下降可能源于多种因素,包括对特定判决结果的不满以及对法院公正性的担忧。她还谈到了法院内部的同事关系,强调了法官们在工作之外保持融洽关系的重要性,即使在意见分歧的情况下也是如此。最后,她重申了法官对宪法的责任,以及在宪法条款被忽视时,除了公众的回应之外,几乎没有其他补救措施。 卡坦吉·布朗·杰克逊:就最高法院的伦理问题,杰克逊大法官认为,法院最近采用的道德准则应该具有可执行性,如同下级法院一样。她还强调了公众信任对司法机构的重要性,并指出公众信任的下降可能源于多种因素,包括对特定判决结果的不满以及对法院公正性的担忧。她还谈到了法院内部的同事关系,强调了法官们在工作之外保持融洽关系的重要性,即使在意见分歧的情况下也是如此。最后,她重申了法官对宪法的责任,以及在宪法条款被忽视时,除了公众的回应之外,几乎没有其他补救措施。关于总统豁免权案,她认为,赋予总统豁免权可能会鼓励滥用权力,这与宪法原则相悖。

Deep Dive

Key Insights

Why did Justice Ketanji Brown Jackson describe the presidential immunity decision as a 'five-alarm fire'?

She highlighted a difference in views on how the Constitution frames separation of powers and the extent to which the executive branch leader should be treated differently than others in our system when it comes to alleged criminal activity. Jackson's strong view, shaped by her experience as a public defender and on the Sentencing Commission, was that criminal justice system could accommodate crime allegations of wrongdoing by the executive without forming an immunity, which she saw as taking the executive outside of the ordinary process.

How does Justice Ketanji Brown Jackson view the ethical code of the Supreme Court?

Jackson believes the Supreme Court's ethics code, modeled on the lower court's ethics code, should be enforceable. While it currently lacks an enforcement mechanism, she hasn't seen a good reason why it shouldn't be enforceable, as lower court judges abide by enforceable ethics codes.

What does Justice Ketanji Brown Jackson think about the decline in public trust in the Supreme Court?

Jackson considers the decline in public trust a significant concern, as public belief in the court and its rulings is crucial for upholding the rule of law. She distinguishes between trust waning due to unpopular decisions and concerns about partiality, emphasizing the importance of addressing these issues seriously.

How does Justice Ketanji Brown Jackson describe the culture of the Supreme Court?

Jackson describes the Supreme Court as having a very collegial culture, despite differences in legal philosophies. Justices maintain personal bonds and engage in social activities together, adhering to a rule of not discussing legal matters during lunch, which she sees as demonstrating the ability to set aside sharp arguments and disagreements.

What was Justice Ketanji Brown Jackson's reaction to President Biden's call offering her the Supreme Court nomination?

Jackson was initially surprised and floored by the call, as she had expected the announcement to be made earlier in the month. Her family was overjoyed, with her husband and others expressing a sense of destiny about her nomination.

What does Justice Ketanji Brown Jackson believe about the possibility of terminating parts of the Constitution?

Jackson firmly believes that the provisions of the Constitution cannot lawfully be set aside. She emphasizes the Constitutional Oath taken by judges and justices to support and defend the Constitution against all enemies, foreign and domestic.

Chapters
Justice Ketanji Brown Jackson discusses her reaction to being nominated to the Supreme Court and the support from her family.
  • Jackson was surprised by the nomination despite knowing she was in the running.
  • She had a detailed discussion with her family about the potential impact on their lives.
  • Her family, especially her husband, believed it was her destiny.

Shownotes Transcript

Since the founding of the nation, just 116 people have served as Supreme Court Justices; the 116th is Ketanji Brown Jackson, appointed by President Biden in 2022. Jackson joined a Court with six conservative Justices setting a new era of jurisprudence. She took her seat just days after the Dobbs decision, when Justice Samuel Alito’s majority opinion overturned Roe v. Wade. She wrote a blistering dissent to the Harvard decision, which ended affirmative action in college admissions, in which she accused the majority of a “let-them-eat-cake obliviousness” to the reality of race in America. She also dissented in the landmark Presidential-immunity case. Immunity might “incentivize an office holder to push the envelope, with respect to the exercise of their authority,” she tells David Remnick. “It was certainly a concern, and one that I did not perceive the Constitution to permit.” They also discussed the widely reported ethical questions surrounding the Court, and whether the ethical code it adopted ought to have some method of enforcement. But Jackson stressed that whatever the public perception, the nine Justices maintain old traditions of collegiality (no legal talk at lunch, period), and that she sometimes writes majority opinions as well as vigorous dissents. Jackson’s recent memoir is titled “Lovely One,” about her family, youth, and how she got to the highest position in American law.