By Aaron Miller-
Ketanji Brown Jackson, a liberal appeals court judge, was confirmed to the supreme court on Thursday, becoming the first Black woman to serve as a justice on the high court in its 233-year history.
Jackson earned narrow bipartisan support after weeks of debates and contentions to become the 116th justice of the supreme court, in a major accomplishment for the veteran legal expert.
Republicans had spent the hearings interrogating Jackson’s sentencing record on the federal bench, including the sentences she handed down in child pornography cases, which they argued were too light. She was also presented as radically left-wing in her judicial opinions.
She told legislators her life had been shaped by her parents’ experiences with Racial segregation and civil rights laws enacted 10 years before she was born were her parent’s experiences, which had shaped her life, she told legislators.
“This is a wonderful day, a joyous day and an inspiring day for the Senate with the Supreme Court and for the United States of America,” Senate Majority Leader Chuck Schumer said. “Judge Jackson is in every sense and by all measures a brilliant jurist.”
Jackson’s confirmation process featured deep partisan divisions in the US, with Republicans seeking to paint the longtime jurist and US appeals court judge as a “radical”, while Democrats stood staunchly behind her.
The vote was 53 to 47, with all Democrats in favor. They were joined by three moderate Republicans, senators Mitt Romney of Utah, Lisa Murkowski of Alaska and Susan Collins of Maine.
Only two black judges have previously occupied the highly coveted position in the past – Thurgood Marshall and Clarence Thomas.
The African-American judge was nominated by U.S President Joe Biden in February, to replace liberal Justice Stephen Breyer. Jackson served on the independent US sentencing commission, an agency that develops sentencing guidelines, before becoming a federal judge.
Jackson, who currently serves on the U.S court of appeals for the DC circuit, will replace Stephen Breyer, 83, the most senior member of the court’s liberal bloc. Breyer, for whom Jackson clerked early in her legal career, said he intends to retire from the court this summer
Guy-Uriel Charles, Harvard Law School professor and an expert in race and law, explained how Jackson may impact the court.
He said: “I do think that as a black woman she will bring credibility on issues of race and issues of gender. On issues of race, she might serve as a counterweight to Justice Thomas.
“In particular, I think young black girls will have an even stronger sense that all avenues, especially in law, are open to them.””
I know what it’s taken for you to sit in that seat,” New Jersey Senator Cory Booker told Jackson during her confirmation hearing, which brought her to tears.
Judge Jackson shed tears during her confirmation hearings Image: AP
In 2021, Jackson was part of a three-judge panel that ruled against Donald Trump’s bid to prevent White House records being handed to a committee investigating the Capitol riots.
She is also credited with representing criminal defendants who couldn’t afford counsel, including Guantanamo Bay detainees.
Kamala Harris, the first Black woman to serve as US vice-president, called for the final vote on Jackson’s nomination with a smile on her face, the chamber breaking into a rapturous applause when the judge was confirmed.
“Today, we are taking a giant, bold and important step on the well-trodden path to fulfilling our country’s founding promises,” Senate majority leader Chuck Schumer said just before the final vote. “This is a great moment for Judge Jackson. But it is an even greater moment for America as we rise to a more perfect union.”
White House Celebration Remarks
The White House has announced that Biden, Harris and Jackson will deliver remarks on Friday to celebrate the confirmation. Jackson and Biden watched the final Senate vote together in the Roosevelt Room of the White House.
Biden shared a photo taken with Jackson at the White House, saying on Twitter: “Judge Jackson’s confirmation was a historic moment for our nation. We’ve taken another step toward making our highest court reflect the diversity of America. She will be an incredible justice, and I was honored to share this moment with her.”
“The soon-to-be justice can either satisfy her radical fan club or help preserve the judiciary that Americans need, but not both,” McConnell said ahead of the vote on Thursday. “I’m afraid the nominee’s record tells us which is likely, but I hope judge Jackson proves me wrong.”
During the public hearings, Jackson vowed to be an independent justice who would seek to ensure that the words inscribed on the marbled supreme court building – Equal Justice Under the Law – were a “reality and not just an ideal”.
Democrats, and the handful of Republicans who supported her, noted her credentials and defended her record, highlighting that her sentencing record was within the mainstream of the federal judiciary, while emphasizing the support she had earned from within the legal community.
The final Senate vote on her confirmation was among the closest in supreme court history.
Jackson served on the independent US sentencing commission, an agency that develops sentencing guidelines, before becoming a federal judge.
While she shares an elite background with the other justices, her work as a public defender sets her apart. The last justice with experience representing criminal defendants was Thurgood Marshall, the towering civil rights lawyer who became the first Black member of the supreme court.