Ketanji Brown Jackson: Supreme Court capable of ‘credible’ opinions if election contested

Supreme Court Justice Ketanji Brown Jackson said in a new interview that she and her fellow justices are capable of crafting a “credible” opinion should the presidential election in November be contested.

“Not only do I think it’s possible, I think that’s our responsibility, that’s our duty,” Jackson told NPR’s “All Things Considered” in an interview that published Tuesday. “That’s what the court’s role is in our system of government.”

In a follow-up question, NPR’s Juana Summers pointed to increased scrutiny of the Supreme Court after high-profile opinions — like the 2022 Dobbs vs. Jackson Women’s Health Organization decision that overturned Roe v. Wade, eliminating federal abortion protections — and asked whether the justice could reassure the public that the integrity of the court remains intact.

Jackson said those critiques are “part of the democratic process.” 

“The court, in my view, is not above criticism or constraint in a democratic constitutional republic, which is what we have,” she said. “The people decide what the function and structure of government should be. 

“So, I see a lot of the debate going on right now as part of the process of the public engaging on the structure and the function of the court, so that’s the way our system works,” Jackson added.

The justice also pointed to a code of ethics recently adopted by the high court, suggesting that the justices are “committed to following them.” However, she acknowledged the guidelines are not binding and said she has not yet “seen any good reason” why they shouldn’t be.

“But so far, we’re not there,” she said.

Jackson’s interview with NPR coincides with the Tuesday release of her memoir, “Lovely One,” which tells personal stories about her path to become the first Black woman seated on the nation’s highest court. She was nominated to the Supreme Court by President Biden in 2022.