Ketanji Brown Jackson: Power

“Conducting investigations is the means that Congress uses to carry out that constitutional obligation. Thus, blatant defiance of Congress’ centuries-old power to compel the performance of witnesses is not an abstract injury, nor is it a mere banal insult to our democracy. It is an affront to the mechanism for curbing abuses of power that the Framers carefully crafted for our protection, and, thereby, recalcitrant witnesses actually undermine the broader interests of the People of the United States.”

Ketanji Brown Jackson

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

Democracy , People

“What is missing from the Constitution’s framework as the Framers envisioned it is the President’s purported power to kneecap House investigations of Executive branch operations by demanding that his senior-level aides breach their legal duty to respond to compelled congressional process.”

Ketanji Brown Jackson

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

Housing

“Unfortunately for DOJ... these contentions about the relative power of the federal courts, congressional committees, and the President distort established separation-of-powers principles beyond all recognition. Thus, ultimately, the arguments that DOJ advances to support its claim of absolute testimonial immunity for senior-level presidential aides transgress core constitutional truths...”

Ketanji Brown Jackson

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

Truth , Support

“Thus, when presented with a case or controversy, it is the Judiciary’s duty under the Constitution to interpret the law and to declare government overreaches unlawful. Similarly, the House of Representatives has the constitutionally vested responsibility to conduct investigations of suspected abuses of power within the government, and to act to curb those improprieties, if required. Accordingly, DOJ’s conceptual claim to unreviewable absolute testimonial immunity on separation-of-powers grounds—essentially, that the Constitution’s scheme countenances unassailable Executive branch authority—is baseless, and as such, cannot be sustained.”

Ketanji Brown Jackson

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

Housing , Law

“I am acutely aware that, as a judge in our system, I have limited power, and I am trying in every case to stay in my lane.”

Ketanji Brown Jackson

Jackson responding during Q&A on Day 2 of the hearings, or March 22nd https://www.judiciary.senate.gov/meetings/03/14/2022/the-nomination-of-ketanji-brown-jackson-to-be-an-associate-justice-of-the-supreme-court-of-the-united-states-day-2, as quoted in "Ketanji Brown Jackson vows to ‘stay in lane’ on Supreme Court: As lawmakers questioned the nominee, Jackson asserted her commitment to neutrality on the bench and defended her history as a judge and public defender." https://www.courthousenews.com/ketanji-brown-jackson-vows-to-stay-in-lane-on-supreme-court/ Courthouse News Service. (March 22, 2022)
Senate confirmation hearings (March 2022)