Much has been written in recent days about the war of words between Supreme Court justices Amy Coney Barrett and Ketanji Brown-Jackson in the opinions handed down in Trump v. Casa, Inc., the case involving an injunction issued in a case challenging birthright citizenship.
But as I pointed out in a Post on X Friday morning, Barrett’s decision was written on behalf of herself and the five other justices in the majority. The fact that Barrett was assigned this opinion by the chief judge (the chief judge decides who writes the opinion when he votes with the majority) is a signal that the other five justices turned her loose on Jackson. Such an unsparing smackdown of the most junior justice with a vastly different view of the judicial function would have been received much differently had it come from one of the other five justices in the conservative wing of the Court.
But coming from another female justice, one with only two more terms on the Court than Jackson, it was the least harsh way to deliver the rebuke that the majority opinion represented. But the language was anything but gentle, and the point was anything but subtle.
If Jackson seems out of her element, there's a reason. There have been many career paths followed by justices who have been appointed to the Supreme Court. But it is quite uncommon for someone to be appointed to the Supreme Court without meaningful experience at the level of an appellate court, as is the case with Jackson.