The article discusses the challenges faced by liberal Justices on the Supreme Court, particularly within a conservative super-majority. It presents two models for navigating these challenges: the strategic approach, where Justices seek conservative votes to mitigate damage, and the rhetorical approach, where Justices aim to educate the public and assert their positions. Elena Kagan is highlighted as a strategic Justice who compromises when possible, while Ketanji Brown Jackson embodies the rhetorical model by vocally dissenting and breaking away from her liberal counterparts. Jackson's assertiveness and willingness to challenge the Court's trajectory demonstrate her distinct approach.
Elena Kagan exemplifies a hybrid model of judicial approach, balancing compromises with conservatives and calling out the majority when necessary.
Ketanji Brown Jackson stands out as a rhetorical Justice, communicating her discontent with the Court's path and breaking from her liberal peers.
Jackson has been remarkably outspoken, delivering two dissents that reflect her concern over the Court's direction, while asserting her voice early in her term.
In her first term, Justice Jackson's assertiveness is evident as she spoke significantly more than her colleagues and quickly issued solo dissents.
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