Topline
President Joe Biden nominated U.S. Circuit Judge Ketanji Brown Jackson to the U.S. Supreme Court on Friday, making her the first Black woman named to the high court and kicking off a likely swift Senate battle to confirm the president’s first Supreme Court pick while Democrats still have control of the chamber.
Key Facts
Biden announced Jackson’s nomination in a White House address, hailing her “uniquely accomplished and wide-ranging background” and stating that she “cares about making sure democracy works for the American people.”
The nomination fulfills Biden’s promise to name the first Black woman to the Supreme Court—made exactly two years to the day before Jackson’s nomination was announced—with the president saying Friday it was “time we have a court that reflects the full talents and greatness of our nation, with a nominee of extraordinary qualifications.”
Jackson said in a speech she was “truly humbled by the extraordinary honor” of being named to the court and spoke about previously serving as a clerk to Justice Stephen Breyer—whom she would replace on the court—saying that while the Senate will determine whether she “fills [Breyer’s] seat, I will never fill your shoes.”
Jackson, 51, also spoke about her family history, with both her and Biden noting she has family ties to law enforcement after the Fraternal Order of Police endorsed Jackson’s nomination earlier Friday.
Jackson now serves on the U.S. Court of Appeals for the D.C. Circuit, which Biden appointed her to last year, and before that served as a federal district judge in Washington, D.C.
She also previously worked as a public defender and as vice chairman of the U.S. Sentencing Commission, which has earned her praise from progressives and will mark the first time a former public defender has been named to the Supreme Court.
Crucial Quote
“If I'm fortunate enough to be confirmed ... 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,” Jackson said Friday.
What To Watch For
The Senate confirmation process, which is expected to be swift. Senate Judiciary Committee chair Sen. Dick Durbin (D-Ill.) said before the nominee was announced that he aimed to complete the process by the time the Senate goes on its Easter recess April 8, and Jackson will have to receive a simple majority of votes in the Senate to be confirmed.
What We Don’t Know
How many Republican votes Jackson will receive. Biden said before the nominee was announced that he expected whoever he named to be confirmed in a bipartisan vote, which Jackson may well get. Three Republican senators—Sens. Susan Collins (Maine), Lisa Murkowski (Alaska) and Lindsey Graham (S.C.)—voted to confirm her to the D.C. court of appeals, though none have so far declared they would also support her Supreme Court bid. “Keep in mind there is a pretty tangible difference between being on a district court, a circuit court and then this Supreme Court,” Murkowski told Alaska Public Media in January about whether she would support Jackson’s nomination.
Key Background
Biden is filling his first Supreme Court vacancy after the left-leaning Breyer announced in January he would step down at the end of the court’s term this summer, assuming Jackson has been confirmed. Breyer faced heavy pressure from the left to step down while both the Senate and White House are under Democratic control, after Justice Ruth Bader Ginsburg declined to retire during Barack Obama’s presidency and was ultimately replaced by conservative Justice Amy Coney Barrett. If confirmed, Jackson will be the first Supreme Court justice appointed by a Democratic president in over a decade—the last was Justice Elena Kagan in 2010—after then-Senate Majority Leader Mitch McConnell successfully blocked Merrick Garland’s confirmation in 2016. Jackson’s confirmation would not change the ideological makeup of the 6-3 conservative court, but will ensure the seat will likely be held by the left for decades to come, given her younger age.
Surprising Fact
Jackson is related through marriage to former House Speaker Paul Ryan (R-Wis.), who had high praise for the judge during her Senate confirmation hearing as a federal judge in 2012. “Our politics may differ, but my praise for Ketanji's intellect, for her character, for her integrity, it is unequivocal,” Ryan testified to the Senate. “She is an amazing person.”
Tangent
Among Jackson’s most notable rulings on the federal bench was when she ordered Trump-era White House counsel Don McGahn to testify before the House Judiciary Committee in 2019 as part of its investigation into Russian election interference—declaring in her ruling, “Presidents are not kings.”
Further Reading
Ketanji Brown Jackson: Here’s Who’s Most Likely To Support Her Supreme Court Confirmation (Forbes)
Ketanji Brown Jackson, a judge who defies stereotypes, is on Biden's SCOTUS list (NPR)
Profile of a potential nominee: Ketanji Brown Jackson (SCOTUSblog)
