The Volokh Conspiracy

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Supreme Court

Justice Jackson Shares Her Concerns about Trump Immunity Ruling

In the same week that Jack Smith refiles his Trump Indictment, Justice Jackson talks about the SCOTUS decision that made refiling necessary.

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Justice Jackson's memoir, Lovely One, hits bookstores next week. To promote the book (for which she reportedly received a nearly $900,000 advance), Justice Jackson sat down for an interview with Norah O'Donnell of CBS News.

Jackson, in an interview with "CBS Evening News" anchor and managing editor Norah O'Donnell, suggested the ruling gives Trump special treatment compared to anyone else in the criminal justice system.

"I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances, when we have a criminal justice system that had ordinarily treated everyone the same," she said. . . .

Interestingly enough, this interview dropped the same week that Special Counsel Jack Smith refiled his indictment against Donald Trump for his attempts to overturn the 2020 election.

Justice Jackson also addressed the prospect of more election litigation.

Asked whether she was prepared for cases relating to the upcoming election to end up before the Supreme Court, Jackson replied that she is "as prepared as anyone can be."

"I think there are legal issues that arise out of the political process. And so, the Supreme Court has to be prepared to respond if that should be necessary," she said.

Based on the short clips that have been released, and CBS News' reporting, it appears that Justice Jackson is being fairly circumspect in what she says about the Court's work, and not saying all that much that cannot be gleaned from her opinions. If so, that is probably a good thing (and much better than what we sometimes saw from the late Justice Ginsburg).

CBS will air the full interview will air this weekend.