Implications of Judge Jackson’s Confirmation for Data Privacy and Cybersecurity Litigations Going Forward
Incoming Supreme Court Justice Ketanji Brown Jackson has ruled on over 500 cases during her tenure on the bench. Her rulings on privacy rights do not appear to be substantively different from those of Justice Breyer. Many consider Judge Jackson ideologically similar to Justice Breyer, and her experience clerking for him undoubtedly shaped her jurisprudence. Justice Breyer was fairly reliable in upholding digital privacy rights. For example, Justice Breyer sided in favor of digital privacy in Van Buren v. United States, and he penned a partial dissent in Barr v. Association of Political Consultants. Judge Jackson has given no reason to believe she would rule much differently.
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