Justice Ketanji Brown Jackson is gaining a reputation for penning nonsensical solo dissents in what should otherwise be unanimous Supreme Court decisions. And it’s becoming increasingly clear that her colleagues are no longer shy about putting such incoherence in its place.
The latest incident came on Thursday in the Supreme Court’s Fernandez v. United States decision, in which the 8-1 majority held that “the supposed invalidity” of a prisoner’s conviction “is not among the ‘extraordinary and compelling reasons’ that justify compassionate release.” (Compassionate release is a process by which convicted individuals may seek a reduced sentence or early release due to “extraordinary and compelling reasons” like age and medical condition.)