Growing up in Florida, Judge Jackson recalls watching her father do law school work as she was working on her preschool homework. Today, she has been nominated and confirmed to the most prestigious court in the nation.
Professional Background
Ketanji Brown Jackson started her impressive academic and professional career during her undergraduate days where she earned a degree from Harvard University. After graduating magna cum laude in 1992, she entered Harvard Law School in 1993. During her three years at law school, she boasted accolades such as being editor of the Harvard Law Review and graduating cum laude in 1996.
After earning her Juris Doctor (JD), she clerked for judges on each level of federal courts, district courts, appellate courts, and the Supreme Court. Most notably, she clerked for Justice Stephen Breyer. Little did she know she would replace him on the Supreme Court after he announced his intent to retire in early 2022.
Jackson spent some of her professional career serving as a public defender, meaning she would represent defendants who could not afford a lawyer. She also worked in corporate law before working on prestigious courts and commissions. Jackson served as part of the U.S. Sentencing Commission for a few years before President Obama nominated her to the position of Vice Chair in 2009. President Obama would later nominate her to be a district court judge for the District of Columbia in 2012. Several years later, in 2021, Judge Jackson was nominated by President Biden for the U.S. Court of Appeals for the D.C. Circuit. Finally, in 2022, she was nominated again by President Biden to succeed Justice Breyer and sit on the Supreme Court.
Nomination and Hearing
Judge Jackson was nominated on February 25, 2022 to the Supreme Court. A month later, on March 21, 2022, her hearing would start as the Senate worked to confirm her nomination. For three of the four hearing days, she would sit in front of the Senate Judiciary Committee as they questioned her about her judicial philosophy and decisions on previous cases.
In her opening statement, Judge Jackson highlighted her nonpartisan nature and emphasized her history of being a transparent judge. She wanted to ensure the Senate and people watching from around the world that she listens to the facts of the case and makes decisions based on the Constitution and precedent, not partisan views. Additionally, she noted that her lengthy decisions stem from the desire to be transparent with the people. Her decisions shouldn’t be difficult to digest, but thoroughly fleshed out in writing. The thoughts that led her to the decision she made need to be clear, so that people understand that she is listening to each side carefully.
During the two days of questioning, Judge Jackson was asked about her sentencing in child pornography cases, transgender rights, and critical race theory. Despite being interrupted several times and the days of questioning being hours long, she answered the questions with poise and intelligence. On the last day, the Senate Judiciary Committee held a vote where there was a tie: 11-11. This means that a motion is filed to have the entire Senate floor vote on Judge Jackson’s confirmation. A simple majority is then needed to confirm her nomination. In the Senate, the final vote was 53-47, meaning Judge Jackson will become Justice Jackson when Justice Breyer retires later this year. All Democrats voted along party lines, and three Republicans joined the Democrats in their decision to confirm Jackson. These Republicans were Susan Collins of Maine, Mitt Romney of Utah, and Lisa Murkowski of Alaska.
Impact on the Court
Not only is this confirmation a success for Ketanji Brown Jackson and the Biden Administration who nominated her, but it is an achievement for minorities and women of color everywhere. Over the 233-year history of the courts, there have been 115 justices, and 108 of them have been white men. The first woman on the Supreme Court was Justice Sandra Day O’Connor who was confirmed in 1981. The first person of color on the Supreme Court was Justice Thurgood Marshall who was confirmed in 1967. Ketanji Brown Jackson, when she takes over for Justice Stephen Breyer, will be the first black woman on the Supreme Court. In addition to demographic barriers that Justice Jackson broke down, she also became the first justice that has a record being a public defender.
Although Judge Jackson said during her opening statement that she prides herself on being a nonpartisan, neutral judge, many people expect that Supreme Court nominees will follow the ideas and beliefs that align with the party of the president who nominated them. Hence, Judge Jackson is expected to vote more along the lines of other Democrat-nominated Justices such as Sonia Sotomayor and Elena Kagan. Through this lens, the Supreme Court has a 6-3 conservative majority. Since Ketanji Brown Jackson is replacing Stephen Breyer, the Supreme Court will keep its 6-3 split. The significance of this split will be on full display as the Court is set to hear cases regarding abortion rights, the second amendment, and religion in schools.
Many people believe that the highest court in our nation, the Supreme Court, which interprets the law and how the law applies to different situations, should be more reflective of the American population. The latest census data reveals that out of over 331 million Americans, 50.8% identify as female and 13.4% identify as black. With such numbers, the courts who are making decisions for the people should be representative of the people. Judge Ketanji Brown Jackson was nominated by President Joe Biden based on her merits and deserves all the praise and celebration for this monumental achievement, but the glass ceiling that she just broke through cannot be ignored.