In February, President Biden nominated Judge Ketanji Brown Jackson to the U.S. Supreme Court. We reviewed several of Jackson’s opinions to see what they might reveal about her views on issues relevant to Lawfare readers.
Appointments, Confirmations & Budgets
Beneath the high-profile conflicts over civil liberties or targeted killings, a myriad more mundane decisions lie at the intersection of national security and the law. Our constitutional process requires the advice and consent of the Senate for many high-level executive positions, including those responsible for national security, and each year, Congress must pass a budget that includes funding for the armed forces and intelligence agencies. Sometimes these confirmation and budgetary battles become proxy fights for larger and deeper disagreements, and often, they simply reflect the petty partisan politics of the age.