By Thomas Berry (March 30, 2022, 6:10 PM EDT) — During Judge Ketanji Brown Jackson’s U.S. Supreme Court confirmation hearings, the nominee ably defended her record against several Republican lines of attack. But the Republicans’ choice to criticize one ruling in particular stands out as especially hypocritical.
Judge Jackson’s 2019 Make the Road New York v. McAleenan decision in the U.S. District Court for the District Of Columbia temporarily halted a Trump administration immigration policy. But evaluating the case on the basis of its principles rather than its policy outcome shows that it actually furthered the separation of powers ideals that Republicans claim to support.
Make the Road was a challenge…