Justice Ketanji Brown Jackson may have a problem being consistent across cases when her politics align with one case but not another. Compare her dissent Tuesday in Libby v. Fecteau with her statements in oral argument during Allen v. Milligan.
In Libby, the Supreme Court granted emergency relief to Laurel Libby, a conservative member of the Maine House of Representatives. The Democratic majority barred Libby from voting on any bills because she spoke out against letting a boy who identified as transgender compete on a girls’ sports team. Ever since the Democrats barred her from voting, her constituents have had no functional representation in the state legislature.
Without emergency relief from the Supreme Court, their representative is forced to sit on the sidelines while bills are voted on.
Justice Jackson voted against granting Libby emergency relief because she…
