- The Washington Times - Friday, February 25, 2022

Judge Ketanji Brown Jackson credited God and her faith on Friday as President Biden nominated her to the Supreme Court, where she would become the first Black woman to serve on the high court in its 233-year history.

“I must begin these very brief remarks by thanking God for delivering me to this point in my professional journey. My life has been blessed beyond measure,” she said, speaking from the White House. “I do know that one can only come this far by faith.”

The president, who had promised to nominate a Black woman, said diversity was important in his decision.



“For too long, our government, our courts haven’t looked like America,” Mr. Biden said. “I believe it is time we have a court that reflects the full talents and greatness of our nation.”

The president said he wanted a nominee who understands that “the law must work for the American people.”

If confirmed by the Senate, Judge Jackson, 51, would replace liberal Justice Stephen G. Breyer, who is retiring. She worked as his law clerk decades ago.

Judge Jackson said of the retiring justice, “Justice Breyer, the members of the Senate will decide if I fill your seat. But please know that I could never fill your shoes.”

She said she was inspired to pursue a legal career after her father went to law school, saying he was her first professional role model.

Judge Jackson also honored the late Judge Constance Baker Motley, the first Black woman to serve as a federal judge.

“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,” she said.

Apparently with an eye on her confirmation hearing, Judge Jackson took the unusual step Friday of acknowledging that one of her uncles, Thomas Brown Jr., had been sentenced to life imprisonment in Florida for a drug conviction under a “three strikes” law.

“You may have read that I have one uncle who got caught up in the drug trade, and received a life sentence. That is true,” she said. “But law enforcement also runs in my family.”

She noted that her brother has served as a police officer in Baltimore, and two other uncles worked in law enforcement, with one becoming police chief in Miami.

As a lawyer, Judge Jackson helped to bring the case of her imprisoned uncle to the attention of the Obama White House. President Barack Obama commuted his sentence.

Mr. Biden touted Judge Jackson as a protector of freedom and democracy, noting the backdrop of war in Ukraine, where he said freedom is under threat.

“Her opinions are always perfectly reasoned,” Mr. Biden said. “It doesn’t mean she puts her thumb on the scale one way or the other. She cares about making sure democracy works for the American people. She strives to be fair, to get it right.”

The president appointed Judge Jackson last June to the prestigious U.S. Circuit Court for District of Columbia. Prior to joining the D.C. Circuit, Judge Jackson spent eight years on the U.S. District Court for Washington D.C. where she issued more than 500 opinions.

During that time, Judge Jackson wowed liberals with her rulings in cases against former President Donald Trump. Conservatives, though, have criticized her for having a record of reaching beyond her authority as a judge.

She ruled against Mr. Trump’s attempt to conceal White House records concerning the Jan. 6, 2021, attack at the U.S. Capitol. She also sided with congressional Democrats in their attempt to get Mr. Trump’s former White House counsel, Don McGahn, to testify in their impeachment inquiries against the former president.

In 2017, Judge Jackson sentenced the so-called “pizzagate” shooter to four years in prison. The infamous case involved a pizza parlor in Washington where a man from North Carolina opened fire after a false right-wing conspiracy theory was circulated online, claiming the restaurant was at the center of an alleged child-sex abuse ring involving influential Democrats.

Judge Jackson was long viewed as a frontrunner for Mr. Biden’s high court pick by experts — even before Justice Breyer announced his plans to retire. She is a graduate of Harvard Law School.

Judge Jackson has a wide range of experience as a lawyer, having worked in both private practice and as an assistant federal public defender.

She also served on the U.S. Sentencing Commission.

Shortly after the president vowed to fill a vacancy on the high court with a Black woman, Mr. Biden elevated Judge Jackson from the district court to the circuit court. The D.C. appellate court is considered a stepping stone to the high court.

Chief Justice John G. Roberts Jr., Justice Brett M. Kavanaugh and Justice Clarence Thomas — a third of the current justices on the bench — all sat on the D.C. Circuit prior to being elevated.

She was confirmed to her spot on the U.S. Sentencing Commission, the district court and the circuit court by bipartisan support.

With the 100-member Senate split 50-50 between the parties, Democrats can’t afford to lose a single vote for her confirmation.

The Senate Judiciary Committee is expected to hold hearings for Judge Jackson in the coming weeks, where senators will quiz her over her rulings ahead of a confirmation vote.

Senate Judiciary Committee Chairman Sen. Richard J. Durbin, Illinois Democrat, has set a goal of confirming the president’s nominee before the Senate leaves for Easter recess in early April.

Democrats on Capitol Hill welcomed the nomination.

Senate Majority Leader Charles E. Schumer, New York Democrat, said Judge Jackson will protect the rights of the “voiceless and vulnerable.”

“I commend President Biden on undertaking a thoughtful, deliberate selection process for the next Supreme Court Justice. Senate Democrats will work to ensure a fair, timely, and expeditious process — fair to the nominee, to the Senate, and to the American public,” Mr. Schumer said.

Senate Republicans said they’ll be ready for a fair confirmation process for Judge Jackson.

The top Republican on the Senate Judiciary Committee, Sen. Charles E. Grassley of Iowa, said he looks forward to meeting with Judge Jackson.

“As ranking member, I have no intention of degrading the advice and consent role as Senate Democrats have in recent confirmations,” he said.

Senate Minority Leader Mitch McConnell, Kentucky Republican, also said they wanted to avoid a type of controversial confirmation hearings that have taken place in recent years when Democrats and liberal advocates protested the confirmation of Justices Brett M. Kavanaugh and Justice Amy Coney Barrett.

Justice Kavanaugh was accused — without proof — of sexual misconduct dating back decades, while Democrats told the American people Justice Barrett would take away their health insurance.

Senate Republicans believe the Court and the country deserve better than Senate Democrats’ routine of baseless smears and shameless distortions,” Mr. McConnell said, noting he voted against Judge Jackson’s confirmation to the D.C. Circuit.

“Since then, I understand that she has published a total of two opinions, both in the last few weeks, and that one of her prior rulings was just reversed by a unanimous panel of her present colleagues on the D.C. Circuit. I also understand Judge Jackson was the favored choice of far-left dark-money groups that have spent years attacking the legitimacy and structure of the Court itself,” he added.

Judge Jackson has been on the D.C. Circuit for about eight months and authored two opinions.

One of her rulings, American Federation of Government Employees v. Federal Labor Relations Authority, involved a 2020 rule that limited collective bargaining for government employees. She ruled for the union in that legal battle. The other dispute, Wye Oak Technology v. Republic of Iraq, involved a defense contractor and procedural issues.

Josh Blackman, a professor at South Texas College of Law, said she’s been on the circuit court a short time and doesn’t have much experience working with other judges. 

“I don’t know if she will be a bridge-builder,” he said, saying a liberal justice should build coalitions with conservatives to “keep things moderate.” 

“Jackson doesn’t have that kind of experience,” Mr. Blackman said.

Judge Jackson is married to a doctor whom she met while at Harvard. They have two children. She’s a distant relative of former House Speaker Paul Ryan through marriage.

Former President Barack Obama tweeted that Judge Jackson “has already inspired young Black women like my daughters to set their sights higher, and her confirmation will help them believe they can be anything they want to be.”

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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