In the Supreme Court's first sitting, over eight oral arguments, Justice Ketanji Brown Jackson dominated the questioning and commentary, speaking twice as much as her next most loquacious colleague.
Addressing the lawyer who was challenging the current interpretation, Jackson asked, “You say the question is which wetlands are covered, which I agree with, but I guess my question is, why would Congress draw the coverage line between abutting wetlands and neighboring wetlands when the objective of the statute is to ensure the chemical, physical, and biological integrity of the nation’s waters?”
Unlike some other recent additions to the court, Jackson had months after her confirmation to prepare for the court’s initial round of arguments. Olivia Warren, a former law clerk to Jackson during her time as a trial court judge, said the justice’s questions reflect extensive preparation and interest in making sure she understands the positions the lawyers are taking in their briefs.“She knows the briefs inside and out, and is quoting and citing from them,” Warren said.
“To the extent that other justices are not utilizing their opportunity to engage as thoroughly as she is, that’s really their prerogative,” said Nelson. While some newcomers have been more deferential, “I think she did not come to the court to adhere to the protocol for no reason,” the lawyer said.Jackson is still relatively new at operating as a member of a judicial panel. For eight years, she ran her own courtroom as a federal district judge. During her year-long stint at the U.S.
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