Joe Biden on Friday nominated Judge Ketanji Brown Jackson to the supreme court, seeking to elevate a Black woman to the nation’s highest court for the first time in its 232-year history.
Biden’s decision to nominate Jackson to succeed Justice Stephen Breyer, for whom she clerked, sets up a fierce confirmation battle in the deeply partisan and evenly-divided Senate. Breyer, 83, the most senior jurist in the court’s three-member liberal wing, will retire at the end of the court’s current session this summer.
Speaking from the Cross Hall of the White House, the president introduced the 51-year-old Jackson to the nation as “the daughter of former public school teachers” and a “proven consensus-builder” who has displayed “a pragmatic understanding that the law must work for the American people”.
Her nomination comes exactly two years to the day after Biden, then struggling miserably in his third campaign for the presidency, vowed to nominate a Black woman to the supreme court if elected president.
“For too long, our government, our courts, haven’t looked like America,” Biden said, flanked by Jackson and vice-president Kamala Harris, the first Black and Asian American woman to serve as vice president, whom the president said was influential in helping him make this consequential decision. “I believe it’s time that we have a court that reflects the full talents and greatness of our nation.”
Jackson, who was widely considered a frontrunner for the nomination,sits on the powerful US court of appeals for the DC circuit, after winning bipartisan approval during her Senate confirmation last year, when Biden elevated her from the federal district court in the District of Columbia.
Born in the nation’s capital and raised in Miami, Jackson clerked for Breyer during the supreme court’s 1999-2000 term. She is a graduate of Harvard College and Harvard Law School, an elite background that matches the resumes of several justices on the supreme court but which Republicans have sought to paint her as out-of-touch.
In Jackson, Biden said he found a nominee who shared a “uniquely accomplished and wide ranging background” as the justice she would replace if confirmed. In her remarks, Jackson praised the retiring justice for exemplifying “civility, grace, pragmatism and generosity of spirit”.
“Members of the Senate will decide if I fill your seat,” she said. “But please know that I could never fill your shoes.”
Across her broad legal career, Jackson worked as a public defender, an experience that sets her apart from most judges sitting on the federal bench. She previously served as vice-chair of the US Sentencing Commission, where she focused on reducing sentencing disparities as part of the agency’s work setting sentencing guidelines in federal criminal cases.
In its statement, the White House said Biden sought a nominee “who is wise, pragmatic, and has a deep understanding of the constitution as an enduring charter of liberty”.
It added: “The president sought an individual who is committed to equal justice under the law and who understands the profound impact that the supreme court’s decisions have on the lives of the American people.”
Jackson’s confirmation would not affect the ideological composition of the court, controlled by a conservative super-majority of six justices, including three appointed by Donald Trump, but it does secure a liberal seat on the bench probably for decades to come.
The opportunity to name a justice to the supreme court is a welcome bright spot for the president, whose approval ratings have fallen to record lows as he confronts myriad crises at home and abroad. It is also his most significant opportunity yet to shape the federal judiciary, which remains overwhelmingly white and male. In his first year, Biden nominated a record number of district and appeals court judges from a range of racial, ethnic, geographical and legal backgrounds.
When Breyer announced his retirement in January, Biden vowed to nominate a jurist with “extraordinary qualifications, character, experience and integrity”. And, reaffirming his campaign pledge, he added “that person will be the first Black woman ever nominated to the United States supreme court.”
Urged by congressman Jim Clyburn of South Carolina ahead of his state’s primary, Biden made the pledge during a debate. Days later, with Clyburn’s endorsement, Black voters lifted Biden to a resounding victory in the South Carolina primary that set in motion a string of successes that ultimately earned him the nomination and later the White House.
The promise divided Republican senators, some of whom argued that race or gender shouldn’t play a role in the selection process, despite similar commitments from Republican presidents Ronald Reagan and Trump.
Democratic leaders on Capitol Hill have said they intend to move forward quickly with the confirmation process.
Senate leader Chuck Schumer said: “The historic nomination of Judge Jackson is an important step toward ensuring the supreme court reflects the nation as a whole. As the first Black woman supreme court justice in the court’s 232-year-history, she will inspire countless future generations of young Americans.”
Schumer added: “With her exceptional qualifications and record of evenhandedness, Judge Ketanji Brown Jackson will be a Justice who will uphold the constitution and protect the rights of all Americans, including the voiceless and vulnerable.”
Jackson has successfully navigated the Senate confirmation process on three occasions, winning support from both parties each time. But nothing compares to the glare of a supreme court nomination hearing. Already, her nomination is being met with resistance from Republicans.
South Carolina senator Lindsey Graham, one of the three Republicans who voted to confirm her to the court considered the second highest in the land in 2021, said her nomination suggested the “radical left has won President Biden over yet again”.
He had expressed a preference for J Michelle Childs, a US district judge in his home state of South Carolina.
Unlike for most major pieces of legislation, Democrats can confirm Jackson with their 50 votes and Harris breaking the tie.
If confirmed, Jackson would become the sixth woman to serve on the court and only the third Black justice, both men. They are Clarence Thomas, a conservative who was appointed in 1991 and is still serving, and Thurgood Marshall, the first African American supreme court justice.
It will be the first supreme court confirmation hearing for a Democratic president since Elena Kagan was nominated by Barack Obama 12 years ago. Republicans refused to hold a hearing for Obama’s nominee, Merrick Garland, which further poisoned what has become scorched-earth affairs.
On the appellate court, Jackson served in the seat held by Garland, after he became the attorney general.
But there are already early signs that this confirmation may be different, as Republicans weigh how aggressively to confront Biden’s nominee, particularly when it will not affect the balance of the court.
With their agenda stalled and the president unpopular, Democrats are hopeful the nomination will energize their base as they brace for a political backlash in this year’s midterm elections.
Closing her remarks, Jackson acknowledged the historic nature of her nomination by noting an “interesting coincidence”: she shares a birthday with Constance Baker Motley, the first Black woman to become a federal judge.
“Today, I proudly stand on Judge Motley’s shoulders, sharing not only her birthday, but also her steadfast and courageous commitment to equal justice under law,” Jackson said.
And if confirmed, she concluded, “I can only hope that my life and career, my love of this country and the constitution and my commitment to upholding the rule of law and the sacred principles upon which this great nation was founded, will inspire future generations of Americans.”
