Some excerpts from notable opinions on presidential power, immigration and unions from Supreme Court nominee Ketanji Brown Jackson.
WASHINGTON — Judge Ketanji Brown Jackson, who will be nominated for the Supreme Court by President Joe Biden on Friday, worked for seven years as a judge on the federal trial court in Washington, D.C., before Biden appointed her to the appeals court that meets in the same courthouse.
In siding with House Democrats, Jackson wrote,"This means that they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control. Rather, in this land of liberty, it is indisputable that current and former employees of the White House work for the People of the United States, and that they take an oath to protect and defend the Constitution of the United States.
Jackson's ruling turned on whether the administration complied with the Administrative Procedure Act, a federal law aimed at forcing the executive branch to make reasoned, well-explained decisions when it adopts new policies. But the D.C. Circuit overruled Jackson, holding that Congress gave the Homeland Security secretary ample discretion to expand the speeded-up deportations without having to comply with the Administrative Procedure Act.
In 2020, the Federal Labor Relations Authority changed a rule that had been in place since the 1980s that required collective bargaining over changes to working conditions that had more than a minimal effect on employees. The FLRA voted to require negotiations with unions only for changes that had a"substantial impact."
In a 2018 case also involving unions representing government workers, Jackson ruled against executive orders issued by Trump that the unions complained would weaken their negotiating position in violation of federal law.
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