Justice Ketanji Brown Jackson is distinguishing herself on the U.S. Supreme Court — and not in a positive way. It’s as though she’s positioned on an island defined by woke ideology, racial justice, and equity, while the other eight justices remain on the mainland of restraint.
For proper context, it’s important to know about a case that was in front of her and the other members of the court.
The case centered on an early morning police stop in Washington, D.C., where a Metropolitan Police officer responded to a call about what was described as a suspicious vehicle. At around 2 a.m., the officer approached the car, and immediately—without any further provocation—two individuals fled the vehicle. A third person remained inside with the door open. That individual, identified only as J.W., slowly backed the car out of the parking lot.
The officer ordered the driver to put his hands up while drawing his service weapon.
The lower court, in this case the District of Columbia Court of Appeals (DCCA), ruled that the officer stopped R.W. without reasonable suspicion and concluded that this violated the Fourth Amendment. That amendment states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Supreme Court heard the case and reversed the DCCA’s ruling in a 7-2 decision. Leftist Justice Elena Kagan joined the majority. Justice Sonia Sotomayor and Justice Ketanji Brown Jackson were in the minority on this one, though Sotomayor said she would not have agreed to hear the case.
In the end, the majority on the court upheld law enforcement’s authority to make a stop based on “the totality of the circumstances” involved.
Now that you have the context, let’s turn to one of our foremost legal minds, none other than Jonathan Turley, to lay it out with clarity. On the X platform, Turley posted, “Justice Ketanji Brown Jackson has issued another sole stinging dissent…Jackson wrote that ‘I cannot fathom’ how the seven justices could second-guess the lower court in rejecting the police claims. She accused her colleagues of mere ‘wordsmithing.’”
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