Justice Ketanji Brown Jackson spoke more than any other justice during the 2022-2023 oral argument term, which spanned from October to April, according to data analyzed by Empirical SCOTUS editor Dr. Adam Feldman.
During her first term on the court, Jackson broke records, speaking more than any single justice has in a term since 2004, except for Chief Justice John Roberts in 2011 and 2021, according to Feldman’s data. After the Court heard 59 cases, with arguments frequently running past their scheduled end time, Jackson spoke a total of 78,800 words, more than 28,000 above what Justice Sonia Sotomayor spoke. (RELATED: Supreme Court To Decide Whether Gov Can Seize 94-Year-Old’s Home, And Keep The Profits)
Jackson, previously a D.C. Circuit judge, faced roadblocks during her confirmation process from Republicans who raised concerns about her judicial philosophy and sentencing record in child pornography cases. She also made waves for her refusal to define the word “woman” when asked during her confirmation hearing, citing the fact that she is “not a biologist.”
In January, Justice Brett Kavanaugh offered glowing remarks on his new colleague at a University of Notre Dame Law School event, saying she “hit the ground running” and was “thoroughly prepared.”
Sotomayor and Justice Elena Kagan followed Jackson with the second and third highest word count averages, making the Court’s liberal justices the most active speakers, with Justice Neil Gorsuch ranking as the conservative justice who spoke the most. The liberal justices spoke nearly as much as the conservatives, despite being outnumbered six to three.
Collectively, the justices spoke more words per argument than they have since 2004, when the Supreme Court started adding justices’ names to transcripts for oral arguments, Feldman’s data shows.
WASHINGTON, DC – MARCH 22: U.S. Supreme Court nominee Judge Ketanji Brown Jackson testifies during her confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill, March 22, 2022 in Washington, DC. Judge Ketanji Brown Jackson, President Joe Biden’s pick to replace retiring Justice Stephen Breyer on the U.S. Supreme Court, would become the first Black woman to serve on the Supreme Court if confirmed. (Photo by Chip Somodevilla/Getty Images)
In 26 of the 59 cases this term, Jackson spoke more than the other justices’ overall word count, with her highest word count cases being Students for Fair Admissions v. UNC on affirmative action, at 3,026 words, and Gonzalez v. Google on social media platforms’ liability for content posted on their websites, at 2,967 words.
Gorsuch was the only justice to approach Jackson’s word count during an argument, speaking 2,458 words during Haaland v. Brackeen, a case on the Indian Child Welfare Act.
Justice Clarence Thomas spoke the least, with nearly half the word count of the other conservative justices, according to Feldman’s analysis.
The Supreme Court has ruled on 14 cases so far this term, issuing decisions that opened the pathway for federal courts to hear constitutional challenges to administrative agencies and allowed a death row inmate’s request for DNA testing to proceed. Decisions on major cases dealing with issues such as affirmative action, free speech, and religious accommodations have yet to be released.
The Supreme Court has scheduled another opinion day for Thursday.
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