First Black Women Confirmed to the Supreme Court

10 | THE BI-WORD First Black Women to be Confirmed to Supreme Court

By Jane Elkins

Photo Credit: Supremecourt.gov

On February 25th, 2022, President Joe Biden nominated Ketanji Brown Jackson to serve as the next Supreme Court Justice. Jackson would replace Justice Stephen Breyer, who announced his retirement from the court earlier this year, and become the 116th Associate Justice of the Supreme Court of the United States. Jackson’s nomination makes history for the United States because she will be the first black woman to serve on the court as well as the first Justice who attended public high school and worked as a public defender. Few have come to question Jackson’s merit as her immense experience and education are admirable. Jackson attended Harvard University and Harvard Law School, where she graduated cum laude. Jackson then went on to serve many careers in the legal field including a Public Defender, Judge on the Court of Appeals for the District of Columbia, a clerk to former Justice Stephen Breyer, an attorney in private practice, and a federal judge on the US District Court for the DC circuit. Last month, Jackson endured through her Senate Judiciary Committee confirmation hearings, which like most Senate confirmations, were riddled with toxic partisan politics. The hearings resulted in an 11-11 tie, and majority leader Chuck Schumer called for the vote to be sent to the Senate floor to break the deadlock. Although it’s uncommon for a tie to occur within the Senate Judiciary Committee on a Supreme Court nomination, the current 50-50 split in the Senate caused an equal number of Democrats and Republicans on the committee. The Senate vote took place on April 10th and confirmed Jackson to the Supreme Court in a 53-47 vote, with three Republicans voting in her favor. Jackson will become the third Black Justice on the Supreme Court, after Thurgood Marshall and Clarence Thomas, and will also become the sixth woman. Jackson will enter the court alongside 3 other women, Sonia Sotomayor, Elena Kagan, and Amy Coney Barrett, making four out of the nine justices women for the first time in U.S. history. Although many are both empowered and optimistic about Jackson’s confirmation, many opposers, primarily in the GOP, expressed their concerns regarding her nomination during her hearings. During the hearings, many Senators were keen on questioning her political ideology and how that would affect her rulings. “The judge must call balls and strikes,” said Texas Senator John Cornyn. “And given what I’ve seen, and her unwillingness to disclose her judicial philosophy, and disavow an expansionist view of unenumerated rights, I have concerns that Judge Jackson will be pinch-hitting for one team or the other.” Senator Lindsey Graham from South Carolina defended his vote against Jackson in the Judiciary Committee. “My decision is based upon her record of judicial activism, flawed sentencing methodology regarding child pornography cases and a belief Judge Jackson will not be deterred by the plain meaning of the law when it comes to liberal causes,” said Graham. Jackson put down these concerns swiftly, answering them by shying away from a “particular label” behind her judicial philosophy and instead describing her methodology behind court rulings. According to Jackson, she approaches court cases by first assuming a position of neutrality, then proceeding with various tools toward a transparent ruling “without fear or favor,” and studiously abides by judicial constraints. Throughout her hearing, she reiterated this numerous times to questions concerning her ideology. When Vice President Harris called the final tally, the Senate Chamber erupted in cheers. Jackson will join the Court after Breyers retirement over the summer of 2022. Her first term on the Court will deal with cases regarding race in voting and affirmative action.