With all the high-profile Supreme Court decisions during the 2025-26 term, it was easy to overlook FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. It might appear unremarkable at first glance, holding that Section 47(b) of the Investment Company Act does not provide for private lawsuits to rescind certain contracts.

But tucked away in Justice Ketanji Brown Jackson’s dissent is a single sentence that reveals her radical judicial philosophy. (RELATED: Ketanji Brown Jackson Touts Political Neutrality During Sit-Down With … Michelle Obama)

This isn’t the first time Jackson has described her job in unusual ways. During a book tour last year, for example, she said: “I just feel that I have a wonderful opportunity to tell people in my opinions how I feel about the issues, and that’s what I try to do.”

In FS Credit, however, she described not just her role as an individual justice, but the Supreme Court’s role as an institution. “The Court’s proper role,” she wrote, “is to give effect to the will of the people.”

That may have a democratic ring to it, but that’s not what America’s founders believed. In the system of government they established, the legislative........

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