Numerous news sources are reporting President Biden’s decision to nominate Judge Ketanji brown Jackson as the replacement for Justice Stephen Breyer at the U.S. Supreme Court. Jackson currently serves as a Judge on the U.S. Court of Appeals in Washington, D.C. Circuit, and was previously a clerk for Justice Breyer. Judge Jackson, if confirmed, will become the 10th Supreme Court justice who has previously worked on the Court. He also becomes the 3rd justice nominated for the job of replacing the justice they have clerked for (the previous two were Chief Justice Roberts (Rehnquist), and Justice Kavanagh(Kennedy).
This nomination of Judge Jackson fulfils President Biden’s campaign promise to nominate the first Black woman on the U.S. Supreme Court. Justice Jackson almost certainly will join the progressive wing. Judge Jackson’s qualifications are undisputed. She has the experience and qualifications that are superior to many of her predecessor Supreme Court nominees. Although she may not be the type of candidate most Republicans prefer, it is clear that we don’t have a Republican president and elections can have serious consequences.
Nomination and confirmation of Judge Jackson would broaden the Court’s horizons in multiple ways. Her appointment would make her the second sitting justice to be a judge on a trial-court bench, as well as the first sitting justice to work as a public prosecutor. Additionally, she was a U.S. Sentencing Commission. She would not diversify Court in any other way, including her education background. Jackson, like the Chief Justice, Justice Kagan, Gorsuch and Breyer attended Harvard Law School. Yale was also home to four justices: Thomas, Kavanaugh, Thomas and Sotomayor.
The confirmation process with its associated jousting, theater, and spectacle will begin once Jackson has been nominated. She will be supported by her supporters, while partisan opposition will make her look outside the mainstream. White House counsel will also coach her to speak little import. She is likely to be confirmed, possibly even with modest bipartisan support. The October Term 2022 opening will see Justice Jackson join her on the Court.