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Biden says ‘for too long, our courts haven’t looked like America’ as he nominates Ketanji Brown Jackson as the first black woman to Supreme Court: Emotional judge thanks her surgeon husband and opens up about her family of cops and uncle’s life sentence
On September 4, 2019, in Center for Biological Diversity v. McAleenan, Jackson held that Congress had stripped federal courts of jurisdiction to hear non-constitutional challenges to the U.S. Secretary of Homeland Security‘s decision to waive certain environmental requirements to facilitate construction of a border wall on the United States and Mexico border.[37]
On September 29, 2019, Jackson issued a preliminary injunction in Make The Road New York v. McAleenan, blocking an agency rule that would have expanded “fast-track” deportations without immigration court hearings for undocumented immigrants.[38] Jackson found that the U.S. Department of Homeland Security had violated the Administrative Procedure Act because its decision was arbitrary and capricious and the agency did not seek public comment before issuing the rule.[39]
In January 2022, The New York Times reported that Jackson had “not yet written a body of appeals court opinions expressing a legal philosophy” because she had joined the U.S. Court of Appeals for the D.C. Circuit in the summer of 2021. However, The Times said, Jackson’s earlier rulings “comported with those of a liberal-leaning judge”, including her opinions blocking various Trump administration actions.[8] Additionally, a review of over 500 of her judicial opinions indicate she would likely be as liberal as Justice Stephen Breyer, the justice she is nominated to replace.[60]
According to Sahil Kapur, writing for NBC News, “Jackson fits well with the Democratic Party and the progressive movement’s agenda” due to her relative youth, background as a public defender, and history of labor-friendly rulings.[61]
Politico reported that “Jackson is popular with liberal legal activists looking to replace Breyer with a justice willing to engage in ideological combat with the court’s conservatives.”[62]
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