Judge Ketanji Brown Jackson: More than just checking a box
Photo via Wikimedia Commons
January 26, 2022, set the country on the path of unprecedented legal change. On this day, the country received news that Supreme Court Justice Stephen Breyer would be retiring from the highest court of the land. The country was sent into a frenzy wondering who President Biden would nominate to fill Breyer’s spot. While many citizens were excited at the prospect of change, others were not. However, one thing was for certain: Biden now had the opportunity to make good on the promise he made during the campaign trail and nominate a Black woman to the court. Biden's promise was contentious. Many citizens were opposed to it as they believed he would nominate someone solely based on racial identity irrespective of qualifications. Such a sentiment is troublesome because it implies that diversity is insignificant, but more consequently that diversity and matters of qualifications can not go hand in hand. Ketanji Brown Jackson, however, proves otherwise.
As previously mentioned, during his bid for the presidency, Biden heavily emphasized his desire to establish a more diverse federal judiciary. His desire culminated in the promise to nominate the first black woman to the Supreme Court. On February 25, 2022, Americans saw president Biden make good on this promise, nominating Ketanji Brown Jackson to become the next Associate Justice of the Supreme Court. But it is important to note the Supreme Court is an interpreter. It interprets pre-existing laws and makes modifications or repeals as it sees fit. Its interpretations have real effects as they seep into the daily fabric of peoples’ lives. As such when there are increased perspectives—something Jackson will bring—in the Supreme Court, the results are better interpretations and better outcomes for all individuals involved.
Biden and Jackson, however, had little time to enjoy their accomplishments before having to face the daunting music—public opinion. Ever since Ketanji Brown Jackson’s confirmation, she has been one of the most prevalent names floating around news cycles, as many people—supporters and detractors alike—voice their opinions of her being the country’s next Supreme Court Justice.
A prevalent topic of debate has been the matter of experience: Is Ketanji Brown Jackson qualified to be on the supreme court? For detractors who see Jackson as little more than Biden meeting a diversity quota, the answer is a resounding no. But truthfully, those people are mistaken. Judge Jackson is not just qualified; she is more than qualified. Jackson possesses a list of achievements that has yet to be seen from any sitting Supreme Court judge, let alone four of them combined.
Judge Jackson graduated from one of the best law schools, Harvard Law School, in 1996. There, she was a part of Harvard Law Review where she served as a supervising editor. After law school, she completed a Supreme Court clerkship—a position astronomically difficult to obtain—clerking for Stephen Breyer during the 1999-2000 term. Jackson soon went on to work for the U.S. Sentencing Commission, a bipartisan government agency that sets forth the U.S. Federal Sentencing Guidelines for the federal courts. After that, she took up public defense work, working as an assistant federal public defender in Washington, D.C. Next, Judge Jackson went into private practice for a while, before returning to the U.S. Sentencing Commission in a higher capacity as Vice-Chair. Eventually, Jackson saw herself joining the U.S. District Court in Washington, D.C. when she was confirmed by the Senate in 2013 after a presidential nomination from Barack Obama. And on April 19, 2021, she was nominated to the U.S. Court of Appeals—second only to the Supreme Court—by Joe Biden. Throughout all of these various experiences, one thing has remained constant: Jackson’s dedication to upholding an equitable justice system. As Supreme Court lawyer Neal Katyal sums up, “Ketanji Brown Jackson is an outstanding jurist and person. Brilliant, fair, and a true and real person. She will be an immense credit to the Court and our country.”
Despite opposition from Jackson’s vehement critics, she has a loaded resume behind her that speaks for itself. She is well versed when it comes to the law. All of Jackson’s experiences serve to ensure that she has seen the law from a wide array of angles. It is the job of a public defender to navigate that maze of legal procedures on a case-by-case basis until they know it like the back of their hand. Likewise, it is the job of a public defender to uphold the constitution by defending the rights of the accused, making sure that they are being represented fairly. Conversely, it is the job of a judge to be the face of justice delivering fair sentencing based on established laws. In some cases, they may even establish new legal precedents. Due to Jackson being a former defender and a current sitting judge, she has experience with both sides of the legal system. Such unique understanding and perspective will only aid her in her next position of becoming an adept Supreme Court Justice.
It is important to note that Ketanji Brown Jackson is more than just a checkbox concerning diversity. However, it is likewise important not to underplay the role that diversity plays, especially in the court. There are four words inscribed above the entrance to the Supreme Court Building: “Equal justice under law.” The main job of the Supreme Court is to ensure that these four words hold true. Confirming Judge Jackson is a step in ensuring that this is the case. To preserve equal justice under law, diversity is a necessity. Having a court that looks more like America not only in race but in gender, exudes trust in members of underrepresented minority groups. It allows them to have faith that the members of the court will take into consideration their perspective when interpreting laws. Thus, they will be represented more fairly within the laws. Diversity allows for more in-depth and nuanced deliberations among judges.
Sandra Day O’Connor, a former Supreme Court justice, recognized the importance of having nuanced deliberations among Supreme Court Justices. O’Connor saw the vital role personal lived experience has through Thurgood Marshall, the first black man appointed to the Court. O’Connor noted, “At oral arguments and conference meetings, in opinions and dissents, Justice Marshall imparted not only legal acumen but also his life experiences, constantly pushing and prodding us [the Supreme Court Justices] to respond not only to the persuasiveness of legal argument but also to the power of moral truth.” When you have judges that all have different lived experiences, each one brings something unique to the table; a perspective that another judge is lacking or may fail to consider entirely. For Marshall, it was that of a black man who recognized the inequality that laws perpetuated for minorities during the civil rights movement era. In the case of Jackson, it is the perspective of being a Black woman in America and trial experience. Just as it did during O’Connor and Marshall’s time on the bench, such perspectives will allow pre-held beliefs to be challenged and examined all to the betterment of not only the court but the justice system overall.
For these reasons, the Supreme Court and this country need Judge Ketanji Brown Jackson. As the first Black female Justice, she will make history. But more than that, she has the potential and ability to bring about much-needed change in matters of representation and ideology. Jackson will move the country closer to the side of equality, representing women and Black people alike. She will help to bring about a more fair justice system tackling injustices, as proven by her track record. Jackson will also bring legal experience that the current bench members lack or need more of, including defending criminal cases as a public defender. Simply put, Judge Jackson is a beacon of hope in the American justice system, and all should look to her as such. She is a woman who will undoubtedly help lead the United States of America to a brighter legal future.