The most progressive judge Biden is considering is Ketanji Brown Jackson.
This divide between Breyer and his liberal colleagues is particularly apparent in cases involving defendants’ rights and civil rights litigation.Breyer’s disproportionately pro-police votes were most prevalent in search and seizure cases., joining John Roberts, Clarence Thomas and Samuel Alito. They held that police could take DNA samples without specific suspicion of criminal activity or consent from anyone arrested for a serious offense, just for the purpose of investigating other crimes..
. The 4 to 3 majority held that the use of ethnicity and race as admission factors was narrowly tailored for a compelling interest in diversity.. The 6 to 3 decision held that an amendment to Michigan’s constitution that prohibited state universities from considering race in its admissions process did not violate the Constitution’s Equal Protection Clause.. The court held 7 to 2 that the cake shop could refuse on religious grounds to bake a wedding cake for a same-sex couple.
When she was a federal district judge, Jackson penned a strong opinion in 2019 rejecting a claim made by Donald McGahn — Donald Trump’s White House Counsel — who argued that he had absolute immunity from testifying before a committee of the House of Representatives. Jackson famously wrote, “,” adding, “They do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control.
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