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Justice Ketanji Brown Jackson shows her independence in January 6 ruling
WaPo ^ | June 28, 2024 | Jason Willick

Posted on 06/29/2024 8:14:27 AM PDT by CondoleezzaProtege

Jackson surprised. In Fischer v. United States, she broke with the court’s other liberals on Friday and joined a 6-3 ruling for the Capitol riot defendant in the case. “Our commitment to equal justice and the rule of law requires the courts to faithfully apply criminal laws as written, even in periods of national crisis,” she wrote in a concurrence, “and even when the conduct alleged is indisputably abhorrent.”

Chief Justice John G. Roberts Jr. wrote in his majority opinion, which Jackson joined, that the government’s reading of the law was implausible. A general phrase, such as influencing a proceeding, is “given a more focused meaning by the terms linked to it.” Because 1512(c) enumerates ways to corruptly influence a proceeding by impairing evidence, Roberts reasoned, judges must read its prohibition on “otherwise” influencing a proceeding to refer to similar conduct.

The dissent, by Justice Amy Coney Barrett, instead read the statute out of its context to cover “all sorts of actions that affect or interfere with official proceedings.”

Barrett, joined by Justices Elena Kagan and Sonia Sotomayor, claimed that the adverbial “corruptly” requirement in the statute “should screen out” innocent behavior. That is hardly a limit if any act influencing a proceeding is covered. It merely invites prosecutors to divine the motivations of their targets. People are more likely to divine “corrupt” motives among those with whom they disagree politically.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Reference
KEYWORDS: scotus
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To: MinorityRepublican

Which makes my assertion simply speculation rather than fact.


41 posted on 06/29/2024 4:59:56 PM PDT by traderrob6
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To: traderrob6

It’s possible.


42 posted on 06/29/2024 5:03:17 PM PDT by MinorityRepublican
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To: A strike

Murthy


43 posted on 06/29/2024 5:06:56 PM PDT by A strike (no tyranny that cannot be justified by 'climate change')
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To: A strike

Nope. I look at a number of opinions she was signed onto or authored.

Which seems to be a rarity for posters.


44 posted on 06/29/2024 6:28:54 PM PDT by Fury (I )
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To: CondoleezzaProtege; All
Everyone here will disagree, but I thought Jackson's answer to, "Can you provide a definition for the word 'woman'?" was not a bad answer.
BLACKBURN: "Can you provide a definition for the word 'woman'?"

JACKSON: “Can I provide a definition? No. I can’t.”

BLACKBURN: "You can't?"

JACKSON: "Not in this context. I'm not a biologist."

I took that answer to mean biology determines whether a person is a man or a woman.

I get that Republicans just wanted a gotcha, but there are some rare conditions where outward appearance and chromosomes don't seem to match.

45 posted on 06/29/2024 8:51:49 PM PDT by Tired of Taxes
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To: Fury

You asked : “Cite SPECIFICALLY in an opinion she signed on to ...”
which was answered and which your response has nothing whatsoever to do with.


46 posted on 06/29/2024 9:28:37 PM PDT by A strike (no tyranny that cannot be justified by 'climate change')
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To: A strike

My response was referring to the ignorant comment of:

“Still lovin’ on another “conservative” useless idjit?”

I look at her totality of USSC work.


47 posted on 06/30/2024 4:37:55 AM PDT by Fury (I )
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