Justice Jackson’s First Opinion in an Argued Case
Justice Ketanji Brown Jackson issued her first opinion for the Court today in Delaware v. Pennsylvania. Justice Jackson had previously authored dissents from denial of certiorari and a stay denial, but this was her first opinion in an argued case.
As is common for a junior justice’s first opinion, the subject matter is less-than scintillating—here a dispute among stated over the right to escheat certain prepaid financial instruments under the Abandoned Money Orders and Traveler’s Checks Act—and the Court was unanimous (although four justices—Thomas, Alito, Gorsuch and Barrett—declined to join one subpart of the opinion).
Here is how Justice Jackson summarizes the decision:
“Escheatment” is the power of a State, as a sovereign, to t
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