SCOTUS Justice Seems Shocked Colleagues Actually Take Their Jobs Seriously

Fresh off a season of feisty dissents, Supreme Court Justice Ketanji Brown Jackson is privileging the public with insights into her judicial thought process.

“I think I didn’t realize how formal the Court really is. I kinda thought maybe when the Justices go into conference they let their hair down a little bit,” Jackson laughed at an Indianapolis Bar Association luncheon held July 10. “No. no.” (RELATED: SCOTUS Justice Takes Bold Stand Against The Constitution)

“Was that what you expected?” the event moderator questioned, referring to the Court’s formality.

“I don’t think I expected it that — I mean, certainly I got a glimpse of that from the clerkship but I’m talking about what we do behind closed doors,” Jackson replied, referring to her clerkship for Associate Justice Stephen G. Breyer of the U.S. Supreme Court. 

The Justice also offered behind the scenes details. 

“We speak in order, seniority order. We vote in seniority order. We shake each others’ hands every time, in a ritual that we do before going out to the bench, or if we’re just having a conference day, before conference, every time. And so it’s kind of interesting, and neat, but it’s quite a formal institution.”

One wonders if that “seniority order” rankles newcomer Jackson, who, in her first term, spoke over twice as much at oral argument as any of her colleagues, according to Dr. Adam Feldman. That’s 11,003 words compared to runner-up Justice Sonia Sotomayor’s 5,484. Jackson’s talkative, and theatrical, nature has also asserted itself through her dissents. In Trump v. CASA, Inc., in which the Supreme Court majority ruled against the legality of universal injunctions by district courts, Jackson’s dissent reads: “Instead, to the majority, the power-hungry actors are . . . (wait for it) . . . the district courts.” Ellipses not added. 

Here is what the October sitting word counts look like graphically https://t.co/JLVcrzM4CY pic.twitter.com/2pUW6LlhOt

— Dr. Adam Feldman (@AdamSFeldman) October 12, 2022

How does Jackson decide when she’s going to issue a dissent? She noted that, in a case where she, Sotomayor and Justice Elena Kagan dissent, Sotomayor would assign the dissent. Majority opinions and dissents are traditionally assigned to justices by a process of seniority.

“But then there are some times when, even after the principal dissent is written, I have a slightly different perspective, or a different take on something, or this is an issue of particular importance to me, for whatever reason, where I will say, ‘forgive me, Justice Sotomayor, but I need to write on this case,’” she said.  (RELATED: Supreme Court Justice Proves She’s Totally Clueless Yet Again)

“And it’s because I feel like I might have something to offer, and something to add, and I’m not afraid to use my voice,” Jackson clarified.

Certainly, any lingering doubts about Jackson’s fondness for talking have been dispelled. 

Follow Natalie Sandoval on X: @NatSandovalDC