Ketanji Brown Jackson is the justice we need

KBJ faces racism from the right during her confirmation hearing

Megan Valadez / Asst. Opinion Editor / The USD Vista

In what seems like a Supreme Court that is leaning right – with six conservative justices and three liberal justices – Ketanji Brown Jackson’s (KBJ) nomination to replace Justice Stephen Breyer couldn’t have arrived at a better time. This comes after two disappointing Republican nominations in the last few years with Justice Amy Coney Barrett and Justice Brett Kavanaugh.

I fear that if we have a conservative Supreme Court, issues on women’s rights and abortion, racial equality, LGBTQ+ rights, and our overall justice system, will be compromised. I believe that KBJ will be the best Supreme Court justice America has ever seen.

Judge being sworn in in front of large crowd
Judge Jackson endured a harsh and racist confirmation hearing. Photo courtesy of @ccaboutrace/Instagram

Judge Jackson would be the first Black woman to serve as a Justice and the third Black Justice overall. Unlike other sitting Justices, KBJ grew up in a middle-class family, where her parents worked as public school teachers, and had an uncle who was sentenced to life in prison during the war on drugs era. She witnessed first-hand the struggles of growing up in a family that needed to work for their money.

If confirmed, she would be the third public high school graduate on the bench, whereas every other current sitting member of the court is a graduate of a Catholic high school. This means that Judge Jackson had to work even harder to get into an ivy league school to receive a good education.

Another factor that makes Judge Jackson distinct from any sitting Justice is the fact that she spent two and a half years as a federal public defender in Washington. Because she represented defendants who could not afford to hire a private lawyer, she could not choose whom she did and did not represent. I would argue that this makes KBJ more diverse in all aspects of the justice system.

Because of the time she spent as a public defender, representing mostly low-income individuals, she devoted her career to striving to serve in a fair and equal justice system. She differs from the other Justices on the Supreme Court because she is the only one who did not work to primarily represent the rich and powerful.
Conservative Republicans have used KBJ’s public defending experience against her to claim that she is soft on crime. Republican Senate minority leader Mitch McConnell stated during the confirmation hearings that Judge Jackson had “a special empathy for criminals” because, as a public defender, she had to represent those who committed crimes.

I think quite the opposite of these conservatives. Jackson’s previous work as a public defender gives her the professional diversity that no other Supreme Court Justice currently has. Public defenders are not soft on crime, but rather hard on injustice and they bring balance to a system where race and bias are issues.
Senator Ted Cruz of Texas is disgusting. During the March  confirmation hearings, Cruz claimed that Judge Jackson was too soft on the punishment of child sex predators.

“I believe you care for children,” Cruz told Jackson. “But I also see a record of activism and advocacy as it concerns sexual predators that stems back decades, and thar is concerning.”

This is ironic because we have a Supreme Court Justice, Brett Kavanaugh, who was accused in September 2018 of sexually assaulting a woman more than 35 years ago. Justice Kavanaugh denied the allegations and raised his voice through tears in his confirmation hearing – “I am innocent of this charge!”

Judge Jackson maintained her composure, and gracefully during her confirmation hearing, kept a smile on her face the entire time she was scrutinized and disrespected, despite her frustration. She does not have the privilege to behave in the way Justice Kavanaugh did during his confirmation hearing. He raised his voice, made faces, cut people off, and ignored the bravery of the women who came forward to tell their stories. He was confirmed in spite of allegations. Historically in America, if you are a rich white man, you can get away with just about anything.  

It’s outrageous of Josh Hawley, Republican Senator of Missouri, to say that Ketanji Brown Jackson did not punish criminal defendants harshly enough, while his own campaign sells merchandise with a picture of him saluting the people who stormed the Capitol back in January 2021.

It is utterly disgusting that Judge Jackson is being treated this way by white, right-wing senators. The fact that a Black woman in this country can be as educated, intelligent, skilled, experienced, and qualified as Judge Jackson, and still be undermined and treated disrespectfully by white men on national television is an appalling problem.

Attacks from Republicans during confirmation hearings for judicial nominees and candidates have been present since the 1970’s. They are part of the strain of criticism that Black public servants have come to expect.

Conservative senators were determined to prove that Judge Jackson was not qualified to be in the Supreme Court because of her “lenient” sentencing with child sexual abuse cases. Jackson responded with a list of the factors a judge must consider, including guidelines, a defendant’s age, and the harm to the victims. She claimed that “sentencing is a discretionary act of a judge, but it’s not a numbers game.”

Ketanji Brown Jackson is who we need on the Supreme Court. Senator Cory Booker of New Jersey said to KBJ in her hearing, “You have earned this spot. You are worthy. You are a great American.” And I couldn’t agree more. Not only does her nomination serve as a step in the right direction for women of color in America, it also shows us that the fight for equality is not over.

If there is anything we should take away from this confirmation hearing, it’s that Black people endure this kind of treatment from white people all the time. Black people, especially women, do not have the privilege to show emotion. They must keep their poise and composure in the face of ridiculous and insulting questioning.  
Our politicians and congressional representatives need to be better.

I am so revolted at our right-wing conservative senators who think they can walk all over people who are more than qualified and capable of making proper decisions.
It’s even more sickening to think that white politicians believe they could walk all over Judge Jackson and accuse her of atrocious actions.

I am proud of her for showing women of color that we can persevere and overcome these disgusting remarks. There couldn’t be  a more qualified individual. Judge Jackson is truly the change that we need to see.