Supreme Court Justice Ketanji Brown Jackson Warns Supreme Court Must Be Prepared for Election Related Disputes

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In a new interview with CBS, Supreme Court Justice Ketanji Brown Jackson stated that “the Supreme Court has to be prepared to respond” if and when current electoral matters are brought to the Court for swift adjudication.

Discussion on Court’s Role in Electoral Matters

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In a discussion with Norah O’Donnell, Justice Jackson said she was “as prepared as anyone can be” for possible legal disputes that could require the Supreme Court to step in, something the court only does as a last resort, as the court is ultimately an apolitical institution and involvement in elections has one of the most political of outcomes.

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Jackson said to O’Donnell, “I think there are legal issues that arise out of the political process. And so, the Supreme Court must be prepared to respond– if— if necessary.”

Promotion of New Memoir

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Justice Jackson’s rare interview is immediately related to promoting the release of her new memoir, “Lovely One,” which will be released next week.

CBS Interview Air Dates

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The CBS interview with Jackson and O’Donnell will air in part Tuesday night before the entire interview is released over the weekend on “CBS News Sunday Morning.”

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In the interview, O’Donnell questioned whether Jackson was ready to hear arguments and make judgments on issues relating to the upcoming election.

O’Donnell’s Question on Election Preparedness

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O’Donnell said, “Are you prepared that this election could end before the Supreme Court?”

Justice Jackson’s Response

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Jackson responded, “As prepared as anyone can be.” She then turned the tables back on the newscaster, asking, “Let me ask you, are you prepared for all the news cycles that you’re getting as a result of this election?”

Exchange on Media Preparedness

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O’Donnell responded to Jackson’s line of questioning, saying, “Um, no.”

Discussion on Presidential Immunity

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In the interview, Jackson and O’Donnell also discuss the U.S. Supreme Court’s decision to define the broad parameters of presidential immunity protections provided by the Constitution.

Justice Jackson’s Dissenting Opinion

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Jackson dissented from the majority opinion and drafted her own opinion. She said in the interview, “I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances when we have a criminal justice system that had ordinarily treated everyone the same.”

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The court’s decision has been used to color many of the criminal and civil legal cases currently underway concerning the actions and person of former President Donald Trump.

Court’s Decision on Presidential Immunity

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The court decided earlier this year that any former President enjoys broad criminal immunity for actions undertaken in an official capacity.

Restrictions on Using Protected Actions as Evidence

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Furthermore, the court held that protected actions must not be used as evidence to convict a former President on private criminal charges outside of the office of the President.

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