JONATHAN TURLEY: Mullin’ Over the Separation of Powers: Justice Jackson Again Stands Alone. “In Mullin v. Friends of Ruidosa Church, the Supreme Court just lifted the injunction on the Administration’s effort to go forward with the completion of a border wall through the Big Bend region of West Texas. The issue should not be the policy merits. There are good-faith arguments against the wall in such areas. Indeed, outgoing Sen. John Cornyn (R-TX) wrote an op-ed against the project. However, the sole question before the Court was the authority of a president to order the construction and use of statutory waivers to do so. Eight out of nine justices voted that ‘the Government is exceedingly likely to prevail on its argument that the District Court lacked jurisdiction.’ Once again, the sole holdout was Justice Ketanji Brown Jackson, who did not explain her position.”

Why not? It isn’t like she was asked to define what a woman is.