The Supreme Court nomination of Judge Ketanji Brown Jackson 

Her historic appointment and confirmation hearings

COLIN MULLANEY / ASST. NEWS EDITOR / THE USD VISTA

When the White House announced in February that Justice Stephen Breyer would retire from the Supreme Court, the focus soon became who President Joe Biden would nominate to replace him. On the campaign trail, President Biden promised to take advantage of any Supreme Court nominations to appoint an African American woman to serve as the first Black, female Justice on the Supreme Court. On Feb. 25, President Biden made good on his promise with the appointment of Judge Ketanji Brown Jackson from the U.S. Court of Appeals for the D.C. Circuit, to the Supreme Court of the United States. 

Dr. Channon Miller, professor of history at USD, spoke to the historic nature of Judge Jackson’s nomination. 

“It marks a groundbreaking event for multiple reasons…To have this moment, where we have a Black woman not slipping through the cracks but being recognized by the court of law, by our government and by our judicial system, is really powerful symbolically,” Miller stated. 

Although both Black men and white women have been elevated to the position previously, Dr. Miller noted that both conversations around race and gender often neglect the specific intersection of the two identities in African American women. 

“We have seen two Black men elected to the Supreme Court, which tells us that when it comes to issues of trying to promote Black representation, it’s occurred. But again: occurred through a lens that hasn’t engaged or involved Black women,” Miller said. “On the other side, yes, we’ve seen women represented, but Black women erased from that account too…There’s something powerful about seeing the largely erased brought to the forefront.”

Jackson’s nomination reflects all that the Black community and Black women in particular have achieved since the fight first began to end and overcome slavery and then Jim Crow laws in the U.S. 

“She’s a child of parents who were reared in the midst of Jim Crow, in the midst of Jane Crow, who had to grapple with the social, political, and economic exclusion of Black people from or within the U.S., and to see her as a culmination, in a sense, of many of their sacrifices is quite powerful,” Miller stated. 

Judge Jackson graduated with distinction from Harvard Law School and began her legal career as a clerk for Justice Breyer, as well as a public defender for those who have no means to pay for an attorney. According to the White House, Jackson would be the first Justice with this career experience, which will give her valuable perspective in her legal decisions, given the emphasis this role places on human and civil rights. 

Jackson’s origins in the public school system further distinguish her from prior Supreme Court nominees and open the doors for others to enter, according to Dr. Miller. 

“For so long, the space [of the Supreme Court] has been exclusive in so many ways. And even to have gone to a public high school…we haven’t seen that before. People educated in our American school systems, our public school systems, can hopefully see more access after events like this.” Miller noted. 

 Judge Jackson’s confirmation hearings before the Senate, which lasted four days, began with her opening statement and affirmation to uphold the constitution. She acknowledged the objective, neutral stance required of Justices, and credited the African American women who paved the way for her nomination. 

“I stand on the shoulders of so many who came before me, including Judge Constance Baker Motley, who was the first African American woman appointed to the federal bench,” Jackson said.  

However, the hearings were not without moments of contention. Among other lines of questioning by Republicans, Texas Senator Ted Cruz presented images from the children’s book, “Antiracist Baby” and other material that he attributes to “critical race theory” and he alleges are taught at Georgetown Day School, where Jackson serves on the board. 

Jackson responded to Cruz’s questioning.

“I do not believe that any child should be made to feel as though they are racist or though they are not valued, or though they are less then…when you asked me whether or not this is taught in schools, ‘critical race theory,’ my understanding is that critical race theory as an academic theory is taught in law schools,” Jackson said. 

 At one point, Senator Marsha Blackburn asked Judge Jackson to define what a woman is, to which Jackson responded, “I’m not a biologist…if there’s a dispute about definitions, people make arguments, I look at the law, and I decide.”

Representative Joyce Beatty, Chairwoman of the Congressional Black Caucus, expressed her displeasure with Cruz and Blackburn’s tactics, stating to NPR, “These bad faith efforts exist despite a résumé that arguably surpasses those of previous nominees… Just last year, Judge Jackson was confirmed by this body on a bipartisan vote to serve on the D.C. Circuit Court.” 

Beatty’s sentiments about Senators’ targeted questions were shared by Dr. Miller. 

“[Jackson’s] decision making has been challenged in really unique ways,” Miller said. “Even her desire or perhaps interest in issues specific to race or gender are being questioned…there’s this assertion that she shouldn’t care about these particular issues, that she shouldn’t have a particular connection to these issues, even though she does embody a marginal position in society…I’d be interested to see how these types of racial and gender ideologies about Black women are going to unfold, even more so than they already have.”   

Judge Jackson is expected to secure the Senate votes necessary to confirm her nomination before the Senate’s Easter recess in April, according to CNN, where she would become a Justice of the Supreme Court.