By John Q. Hosedrinker 
Ketanji Brown Jackson, the Supreme Court’s newest justice, is quickly establishing herself as a powerful liberal voice, especially in her dissents. In a footnote of her dissent in Trump v. Casa, Jackson cited Ernst Fraenkel’s work on Nazi Germany’s dual legal system, drawing a parallel between the current legal landscape and unchecked executive power. This subtle yet striking comparison serves as a warning about the potential threats to the rule of law. Jackson’s dissents, notably in the face of conservative court decisions, are a consistent call for justice.
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Justice Ketanji Brown Jackson is trying to warn us about something. Are we listening? The question echoes through the current political climate, a sentiment fueled by concern and a growing sense of unease. It’s as if a siren is sounding, a warning from the highest court in the land, yet the message seems to be lost on many. The core of the matter revolves around Justice Jackson’s dissents, particularly her profound warnings regarding the erosion of the rule of law and the potential descent into a dual legal system reminiscent of Nazi Germany. The question isn’t whether she’s speaking, because she is. The real question is, are we, as a nation, truly hearing her?
One of the most striking aspects of Justice Jackson’s warnings lies in her explicit parallels to the rise of unchecked power in Nazi Germany. Her dissent cites Ernst Fraenkel’s analysis of the “Dual State,” where a normal legal system coexists with another, arbitrary one, where the rights of those deemed enemies are stripped away. This is a stark and powerful message, suggesting a chilling similarity between historical authoritarianism and the current trajectory of American governance. This is not a subtle hint, but a direct challenge to the direction the court is headed.
The context in which these warnings are delivered adds another layer of urgency. The opinions cited are not isolated incidents, but part of a broader pattern that has raised serious concerns about the integrity of our democratic institutions. The idea of arbitrary arrests and the potential for unchecked executive power are not just abstract fears; they are possibilities that Justice Jackson is suggesting are actively being enabled, and the language she uses is strong. For those who are paying attention, it’s a call to action, a plea to recognize the gravity of the situation before it’s too late.
However, the chilling reality is that many Americans may not fully grasp the magnitude of these warnings, or perhaps, they simply don’t care enough. There’s a persistent undercurrent of apathy and a reluctance to engage with complex issues, particularly when they come from someone who isn’t a white man. The concerns about the courts’ potential erosion of rights and liberties seem to be met with a shrug, as if it’s someone else’s problem, or as if it’s simply too complicated.
This attitude isn’t a new phenomenon. Historically, America has often struggled to listen to the voices of Black women, and women in general. There are plenty of people, including the right, who are actively working against the advancement of equality, and their goals, at times, seem to be in direct opposition to those of Justice Jackson, which is why her words are so important. These are not empty pronouncements, but well-reasoned arguments grounded in legal principles and a deep understanding of history.
There are valid points to consider regarding the role of political division, and the different actions that are taken by different groups. Some people might argue that the blame lies with the inaction of Democrats, or the actions of certain activists. But, in the end, ignoring Justice Jackson’s warning has real-world implications, and it goes far beyond the theoretical. If the rule of law is eroded, the consequences are far-reaching. The erosion of the rule of law has implications for everybody in the United States, regardless of their political views.
The question of whether we are listening to Justice Jackson is a question about the future of the American experiment. The answer to the question of whether enough people care enough is difficult to answer. It requires a deep reflection on our values, our commitment to democracy, and our willingness to defend the principles that underpin a just and equitable society. While it is easy to be pessimistic, there is still hope. The warnings are still being delivered, and the opportunity to listen, to understand, and to act remains open.