Sen. Kennedy Comments on Justice Jackson’s Dissent

On Friday, Republican Senator John Kennedy from Louisiana expressed his belief that the dissent from Assistant Supreme Court Justice Ketanji Brown Jackson indicates her frustration regarding a recent ruling.

Jackson shared a strong opposition following the Supreme Court’s 6-3 decision, which restricted the ability of district courts to issue a universal injunction against policies set forth by President Donald Trump. While Kennedy congratulated the Supreme Court, he remarked that Jackson’s response was “good for Americans.”

“The Supreme Court has effectively rendered the universal injunction irrelevant. There’s no legal basis for it—neither in statute, Supreme Court precedent, nor English common law. I think, in a way, that’s probably beneficial for Americans,” he stated.

Trump had initiated an executive order on his first day in office, aiming to redefine American citizenship and eliminate birthright citizenship for children born to undocumented immigrants or those on temporary visas. Lower courts had previously blocked this order using a universal injunction, prompting the Trump administration to appeal to the Supreme Court in April.

Justice Amy Coney Barrett, writing for the majority, indicated that a universal injunction against Trump’s directive likely exceeds the authority granted to federal courts by Congress. Jackson, on the other hand, argued in her dissent that allowing the president to “violate the Constitution” poses a serious threat to the rule of law.

“It’s crucial to understand that the executive request to overturn the so-called ‘universal injunction’ seeks this court’s green light to engage in unconstitutional behavior. If the government says it’s not permissible to enforce a universal order as a remedy for unlawful actions, then essentially, what you’re proposing is an unconstitutional decision,” she remarked.

Jackson continued, “Today’s ruling mainly provides hope to the government. However, if this country is meant to be ruled by law rather than individuals, then the judiciary must reject this.”

Additionally, Justice Sonia Sotomayor and Justice Elena Kagan also dissented against the decision. During discussions about the case in May, Attorney General John Saul mentioned that lower courts had issued a nationwide injunction against Trump as he entered his second term.