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IE 11 is not supported. For an optimal experience visit our site on another browser. SKIP TO CONTENT MSNBC Logo Sponsored By * Rachel Maddow * Morning Joe * Inside with Jen Psaki * Deadline: Legal Blog * The ReidOut Blog * Trump Documents Library * Columnists * MSNBC Films Ketanji Brown Jackson is about to become America's most important author * Share this — * * * * * Sign Out Search Search Featured Shows * The Rachel Maddow ShowMondays 9PM ET * Morning JoeWeekdays 6am ET * Deadline: White House with Nicolle WallaceWeekdays 4PM ET * The Beat with Ari MelberWeeknights 6PM ET * The ReidOut with Joy ReidWeeknights 7PM ET * All In with Chris HayesWeeknights 8PM ET * The Last Word with Lawrence O’DonnellWeeknights 10PM ET * The 11th Hour with Stephanie RuhleWeeknights 11PM ET * Alex Wagner TonightTuesday-Friday 9PM ET MSNBC TV * Watch Live * Listen Live More * MSNBC on Peacock * MSNBC Columnists * TV Schedule * MSNBC Newsletters * Podcasts * Transcripts * MSNBC Insights Community * MSNBC Store * Help * Trump Trials Documents Library Follow msnbc * * * * More Brands Today LogoNBC News Logo More Shows * Way Too Early * José Díaz-Balart Reports * MSNBC Reports * Andrea Mitchell Reports * Katy Tur Reports * Symone * The Katie Phang Show * Velshi * Inside with Jen Psaki * Weekends with Jonathan Capehart * Alex Witt Reports * Yasmin Vossoughian Reports * PoliticsNation * American Voices with Alicia Menendez * Ayman * The Mehdi Hasan Show Search Search * Facebook * Twitter * Email * SMS * Print * Whatsapp * Reddit * Pocket * Flipboard * Pinterest * Linkedin THE REIDOUT BLOG FROM THE REIDOUT WITH JOY REID * ALL REIDOUTBLOG POSTS * THE REIDOUT * PODCASTS * FULL EPISODES Previous Post Next Post Your Video Begins in 00:25 Tap to Unmute JUDGE JACKSON SPEAKS AFTER HISTORIC SUPREME COURT CONFIRMATION 18:20 KETANJI BROWN JACKSON IS ABOUT TO BECOME AMERICA'S MOST IMPORTANT AUTHOR The Supreme Court's new addition will likely write dissenting opinions that could be a road map for future court rulings. April 8, 2022, 11:53 AM HST By Ja'han Jones Judge Ketanji Brown Jackson’s first speech following her confirmation was deeply emotional, and if you were listening closely, you heard her reveal what her modus operandi would be once she’s seated. “It is an honor — the honor of a lifetime — for me to have this chance to join the court," she said, "to promote the rule of law at the highest level, and to do my part to carry our shared project of democracy and equal justice under law forward and into the future." Progressive legal opinions may serve as road maps for court arguments that liberate down the line. The court’s six Republican-appointed justices seem all but certain to gut many of the most essential constitutional protections in American life, from abortion rights to voting rights and virtually everything in between. And yet, the dissenting opinions Jackson could write will have tremendous potential to shift and shape public opinion and help establish legal precedent in the future, just as her words seem to suggest. In my view, that makes her America’s next top author. The notion isn’t far-fetched. In a 2015 op-ed for The Washington Post, constitutional law professor David Cole wrote that a dissent’s influence “depends on its ability to articulate a more appealing vision of what the law should be. "Majority opinions are exercises in power; dissents are appeals to our better judgment," he wrote. The court’s current conservative majority is proving that even widely popular laws can be nullified through dubious legalese. Conversely, astute, progressive legal opinions may serve as road maps for court arguments that liberate down the line — and there’s really no telling how far down the line that would be. That was the case in 1896, when Justice John Marshall Harlan wrote the lone dissenting opinion in Plessy v. Ferguson, the court ruling that permitted segregation under the 14th Amendment. Harlan’s dissent is famous today, partly because it foresaw a future of racial equality that was eventually supported by the court’s decision in Brown v. Board of Education in 1954, which outlawed segregation in public schools. “In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case,” Harlan wrote, referencing the court’s 1857 ruling against Black citizenship. “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens,” he added. It took about 60 years for those views to be buttressed by the Supreme Court. But there’s no guarantee Jackson would have to wait that long for her dissenting opinions to be written into law. In Cole’s Post op-ed, he noted Justice Antonin Scalia wrote a number of dissenting opinions that, in Cole’s view, were unlikely to become law. That is, unless one hypothetical situation were to occur (remember, this was 2015): > Unless, of course, President [Marco] Rubio appointed a justice sharing > Scalia’s perspective to replace one of the current liberal justices. In that > case, there would be a solid conservative majority, Justice Anthony Kennedy > would lose his status as swing voter, and many of Scalia’s views would have > five votes. In hindsight, we know how feasible that scenario of right-wing court domination truly is. And if Scalia’s regressive, dissenting opinions could be made into law, Jackson’s dissenting opinions could eventually be codified, as well. Perhaps sooner than it seems. Related: JOY REID: TODAY WAS A DAY OF VICTORY NOT JUST FOR BLACK WOMEN AND BLACK HISTORY, BUT FOR AMERICA April 7, 202210:52 Ja'han Jones Ja'han Jones is The ReidOut Blog writer. He's a futurist and multimedia producer focused on culture and politics. His previous projects include "Black Hair Defined" and the "Black Obituary Project." Previous Post Jury acquits two men charged in Whitmer kidnapping plot Next Post Elon Musk isn't joining Twitter's board of directors after all Latest Post The primary for Arizona’s 8th District is a Mr. MAGA pageant by Taboolaby Taboola Sponsored Stories Online Shopping Tools Online Shopping ToolsNo More Free Returns? Amazon Releases New Fees Undo Yahoo! Search Yahoo! SearchThe Killer New Outlander SUV Is Close To Perfection (Take A Look) Undo Online Shopping Tools Online Shopping Tools / SPONSOREDSPONSORED No More Free Returns? Amazon Releases New Fees Undo Yahoo! Search Yahoo! 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