Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Only with listening can justice be applied properly

Supreme Court Justice Ketanji Brown Jackson

Supreme Court Justice Ketanji Brown Jackson answers questions during her March confirmation hearings.

China News Service/Getty Images

Thomas is an assistant professor of psychology at the University of Indianapolis and a public voices fellow through The OpEd Project.

Justice Ketanji Brown Jackson has made history as the first Black woman confirmed to the U.S. Supreme Court. Both her confirmation hearings and her history as a judge underscore a larger issue: Justice can’t exist without listening.

The hearings brought the brokenness of the proceedings to light, with many speaking over her and failing to listen. This reflects, in particular, a profound misunderstanding of the procedures necessary to uphold the legitimacy of the judicial system. Listening is an underemphasized pillar of justice. While many people might think of the judicial system as a mechanism of distributive justice (allocating rewards and punishments appropriately), procedural justice (fair process and treatment) can serve as a stronger motivator of law-abiding behavior in its citizens.


In her opening speech, Jackson said her nearly 600 written legal decisions tend to be lengthy because she is committed to transparency. She stated she wants “each litigant to know that the judge in their case has heard them, whether or not their arguments prevail in court.”

Yale law professor Tom Tyler has demonstrated through his scholarship that most people obey the law not because of perceived consequences, but because they believe the laws to be fair and legitimate.

When people feel fairly treated, through respectful processes and listening practices, they legitimize authorities. This legitimacy can happen even when people disagree with the distributive outcome as long as the process feels fair.

Transparency and voice are pillars of justice, and important predictors of legitimacy attributions in a wide range of studies.

The appointment of a justice who takes great care in providing transparency and procedural justice will strengthen the legitimacy of the courts at a time when the perception of the Supreme Court is at an all-time low. The appointment of a Black female, especially one who is committed to practices of transparency and procedural justice, has the potential to increase public legitimacy of the Supreme Court. A recent Gallup poll gave her the second highest approval rating, behind only Chief Justice John Roberts.

If the judicial sentence is distributed correctly, but if the process is botched, it will not feel like justice. And the perception of justice matters. Research shows that the perception of justice in one’s personal life drives motivation, well-being, feelings of safety and positive future orientation.

A disproportionate amount of hearing time was spent on browbeating the nominee over whether she is tough enough on crime. While this is arguably a flawed perspective shaded by race, it is also a short-term, fear-mongering focus that does not take into account the role that justice practices and adequate representation can play in legitimizing the system itself. When a system is deemed legitimate and people feel heard, they are more likely to abide by a social contract. The role of procedural justice in shaping legitimacy is critical at this point in American history.

Fostering a just society also means creating systems that are considered legitimate by the people who live under them. There is a popular narrative that tough sentencing deters crime. In short, it absolutely does not, likely because criminals don’t weigh their future in the same way policy writers do. Legitimizing legal authorities does improve compliance with the law. Thus, a system that practices listening increases people’s perception of the legitimacy of the system. Most importantly, it deters crime.

Through my years of studying justice perceptions in the family, school and legal authorities in Brazil, Kenya, and the United States, I have come to understand justice as a form of capital that is not equally distributed. Justice capital can be increased by authorities who listen and grant citizens a voice. When judges institute practices of listening, they are increasing one’s individual access to justice and strengthening the legitimacy of democratic judicial institutions.

Above all, listening grants humanity and a level of respect that will be the surest way to strengthen our justice system and ensure a stable, legitimate democracy because, as the old adage goes, people remember how they are treated. And they most certainly remember when they feel as if they have been heard.


Read More

A sign that reads, "Voter Registration," hanging from the cieling, pointing to an office with the words, "Voter registration," above its doorway.

The voter registration office at the Nueces County Courthouse in Corpus Christi, Texas on Sept. 11, 2024. Voting rights groups are challenging the state's use of a federal database to check the citizenship status of people on the state's voter roll.

Gabriel Cárdenas for Votebeat

Voting Rights Groups Challenge Texas’ Removal of Potential Noncitizens From the Voter Roll

What happened?

Voting rights groups are suing the Texas Secretary of State’s Office and some county election officials to prevent the removal of voters from the state’s voter roll based on use of a federal database to verify citizenship. They also claim the state failed to crosscheck its own records for proof of citizenship it already possessed before seeking to remove voters.

Keep ReadingShow less
Iranian Immigrants React to Cease-Fire Agreement, Divide Deepens

Protester wraps himself in a pre-revolution flag at an anti-war rally on April 8. Modern

Iran flags fly in the background.

Jamie Gareh/Medill News Service

Iranian Immigrants React to Cease-Fire Agreement, Divide Deepens

WASHINGTON - At a recent “No Kings” rally outside the U.S. Capitol, a few demonstrators waved a large Iranian flag.

The U.S. and Israel had launched the war in Iran exactly one month earlier. As protestors chanted, a woman, carrying the old flag of Iran — from before the 1979 revolution — approached the bearers of the modern flag and yelled “traitor!” They then repeatedly hurled insults at each other, yelling “traitor” back and forth.

Keep ReadingShow less
A Tale of Two Pandemics: Public Health and Democracy from H1N1 to COVID-19 and Beyond

Kathleen Sebelius speaks to the press from The White House.

photo provided

A Tale of Two Pandemics: Public Health and Democracy from H1N1 to COVID-19 and Beyond

One of the greatest public health advancements for children in the United States and across the globe is the development of vaccines to save lives. When I was a child, my parents were grateful to have me and my brothers participate in early polio trials as the disease raged in neighborhoods. As a mother and grandmother, I have welcomed the advances that kept my children and now my grandchildren healthier. I knew my children were safer when they entered school because health policies were in place to protect everyone. As Secretary of HHS, I oversaw an effort to develop a vaccine and mobilize that vaccination effort against H1N1. This flu strain was lethal to children and young adults in 2009 and 2010 and was the first pandemic the US had experienced in 70 years. So I have personal and professional experience throughout my life with beneficial vaccines.

As the Secretary of HHS for five and a half years, I learned a lot dealing with public health officials and leading responses to outbreaks of unknown origin. I also learned the importance of using credible, consistent information that is based on reliable science to quell fears and prepare the public for group response. The people’s confidence in a trustworthy information environment is a foundation of our democracy and is also critical to our public health.

Keep ReadingShow less