Justice Jackson Takes Unexpected Positions in Criminal Cases

Supreme Court Justice Ketanji Brown Jackson surprised defense attorneys with her recent votes against criminal defendants, particularly given her background as a former federal defender.

Jackson broke ranks with her liberal colleagues in two cases decided in the closing weeks of the term. She joined the majority in a case broadening expert witness testimony and dissented in another that fortified the right to a jury trial.

President Joe Biden touted Jackson’s unique experience when nominating her to the high court in 2022, noting her public defender background in addition to her tenure as a federal trial and appellate judge.

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