Ketanji Brown Jackson Lists Labor Union, Don McGahn Cases in Her Top Ten

Supreme Court justice nominee Ketanji Brown Jackson's Senate questionnaire reveals what she considers her favorite presiding cases.

In the 149-page questionnaire, she walked through some of the cases that she believes to be the most significant of her career. One of which was her 2019 ruling that former White House counsel Don McGahn should comply with the House of Representatives' request to obtain testimony.

"The en bane D.C. Circuit affirmed my conclusion that the Judiciary Committee has the standing to adjudicate its subpoena enforcement claims in federal court notwithstanding the inter-branch nature of the dispute," Jackson explained. "Before the en bane court was able to hear the appeal related to whether there is a cause of action, the parties settled the case. Counsel the en bane court was able to hear the appeal related to whether there is a cause of action, the parties settled the case."

Another one was a 2018 ruling siding with labor unions against orders issued by former President Donald Trump, although her ruling was eventually overturned.

"I granted in part and denied in part both the unions' and the defendants' cross-motions for summary judgment, holding that the court had subject-matter jurisdiction over the case, and that most, but not all, of the provisions in the executive orders conflicted with the collective bargaining rights of federal workers under the Federal Service Labor-Management Relations Act," wrote Jackson.

She then went on to explain that "a panel of the D.C. Circuit determined that the Act required the unions' legal claims to be channeled through administrative processes rather than being brought into federal district court, and vacated my judgment for lack of subject matter jurisdiction."

Jackson's presiding cases were far from the only thing discussed in the questionnaire.

The timeline of her nomination was also revealed. According to Jackson, she was contacted by the White House and said to be in consideration for the role on January 30. Twelve days later, she discussed the position with President Joe Biden and Vice President Kamala Harris. She also wrote that she had a formal interview with Biden on February 14. After ten days of deliberation, Jackson was offered the job on February 24, with the nomination being made public the next day.

The next step for a Supreme Court nominee is customary meetings with Democratic and Republican Senate leaders. Although Jackson has garnered support from the majority of Democrats in the Senate, she will have to win over the Republicans, who have expressed doubts about her liberal views.

Update at 3/1/2022 at 4:00 p.m. EST: This story has been updated to include more information on the questionnaire and the next steps regarding a nomination to the Supreme Court.

Jackson and Biden
Ketanji Brown Jackson's 149-page Senate questionnaire was recently released in connection to her nomination as a possible Supreme Court justice. Above, U.S. President Joe Biden arrives to introduce Ketanji Brown Jackson (left), a circuit judge... Photo by Drew Angerer/Getty Images

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