Where Judge Jackson Stands On Key Civil Procedure Issues

By James Wagstaffe (March 23, 2022, 5:59 PM EDT) -- When the U.S. Senate questioned Judge Ketanji Brown Jackson this week, it was not at all surprising the lawmakers asked her about the hot button issues of reproductive rights, freedom of religion, stare decisis and judicial restraint.

However, as a longtime civil procedure professor and an author of litigation practice guides,[1] I was dreaming of the questions no one posed to her about any of the many procedural issues that frequently come before the U.S. Supreme Court.

Just imagine the fun: A nerdy senator addresses Judge Jackson and asks:

"Is a statutory exhaustion requirement 'jurisdictional' such that it is not subject to doctrines...

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