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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!