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legal

KETANJI BROWN JACKSON IS THE FIRST BLACK WOMAN SELECTED FOR THE NATION’S TOP
COURT

Jackson, 51, has long been considered the leading contender for the post.

Judge Ketanji Brown Jackson poses for a portrait. | Jacquelyn Martin/AP Photo

By Josh Gerstein

02/25/2022 08:55 AM EST

Updated: 02/25/2022 10:59 AM EST

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President Joe Biden has selected D.C. Circuit Court of Appeals Judge Ketanji
Brown Jackson as his nominee to succeed retiring Justice Stephen Breyer, making
history by picking a Black woman for the nation’s highest court, the White House
announced Friday.

In a message posted on Twitter, Biden called Jackson “one of our nation’s
brightest legal minds” and he said she “will be an exceptional Justice.”

Jackson, 51, was long considered the leading contender for the post,
particularly after Biden elevated her last year from the trial court bench to
the appeals court seen as second in power only to the Supreme Court.

Biden announces Ketanji Brown Jackson as his Supreme Court nominee

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Jackson is popular with liberal legal activists looking to replace Breyer with a
justice willing to engage in ideological combat with the court’s conservatives,
who now hold a formidable six-justice majority.

However, the White House moved quickly to shore up Jackson’s right flank by
emphasizing her ties to law enforcement.

“Because of her diverse and broad public service, Judge Jackson has a unique
appreciation of how critical it is for the justice system to be fair and
impartial. With multiple law enforcement officials in her family, she also has a
personal understanding of the stakes of the legal system,” a posting on the
White House website said. CNN broke the news first earlier Friday morning, and
several other news outlets, including POLITICO, quickly confirmed that Jackson
was the pick before the White House released its official statement online.

Biden and Jackson are expected to appear together at the White House at 2 p.m.
Friday for a formal announcement of the nomination. Vice President Kamala Harris
was scheduled to travel to Louisiana Friday but postponed her visit there as
signs loomed of the selection.

Among Jackson’s selling points with left-leaning lawyers: In 2019, she authored
an unsparing opinion rejecting former President Donald Trump’s sweeping claims
of executive privilege in the House’s investigation into Trump’s dealings with
Ukraine.

“Stated simply, the primary takeaway from the past 250 years of recorded
American history is that Presidents are not kings,” Jackson wrote, as she ruled
against the Justice Department’s argument that Trump White House counsel Don
McGahn was free to ignore a House subpoena at Trump’s direction.

And just two months ago, Jackson joined in a momentous D.C. Circuit decision
that turned down Trump’s effort to block his White House records from being
disclosed to a House committee investigating the storming of the Capitol on Jan.
6, 2021.

Born in Washington, D.C., and raised in South Florida, Jackson would — if
confirmed — become the third African-American to serve on the Supreme Court. Her
nomination also fulfills a campaign promise by Biden to select an
African-American woman as a justice.

Jackson emerged as Biden’s top choice during a month-long search process that
reportedly involved the president interviewing at least three women jurists:
Jackson, South Carolina federal Judge Michelle Childs and California Supreme
Court Justice Leondra Kruger.

Senate Judiciary Chair Dick Durbin, who will oversee Jackson’s confirmation
hearings, heartily endorsed Biden’s choice. Durbin, who has previously said he
wants to hold hearings in about three weeks and a floor vote by mid-April, also
vowed to move quickly.

Ketanji Brown Jackson introduced as first Black woman selected for SCOTUS, in
180 seconds

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“From a strong list of prospective candidates, President Biden has chosen an
extraordinary nominee in D.C. Circuit Judge Ketanji Brown Jackson,” Durbin said
in a statement. “To be the first to make history in our nation you need to have
an exceptional life story. Judge Jackson’s achievements are well known to the
Senate Judiciary Committee as we approved her to the D.C. Circuit less than a
year ago with bipartisan support. We will begin immediately to move forward on
her nomination with the careful, fair, and professional approach she and America
are entitled to.”

Senate Minority Leader Mitch McConnell reacted to the White House’s announcement
by deriding Jackson’s qualifications and painting her as in the thrall of
liberals angry about the high court’s conservative bent.

“I voted against confirming Judge Jackson to her current position less than a
year ago. 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,”
McConnell said. “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.”

Some conservatives and moderates hoped that, if Biden was choosing from the
three women widely seen as finalists, he would pick Childs. At least one
prominent senator expressed strong disappointment Friday after word emerged that
Jackson would get the nod.

“If media reports are accurate, and Judge Jackson has been chosen as the Supreme
Court nominee to replace Justice Breyer, it means the radical Left has won
President Biden over yet again,” Sen. Lindsey Graham (R-S.C.) wrote on Twitter
before the nomination was officially announced by the White House. “The attacks
by the Left on Judge Childs from South Carolina apparently worked.”

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Graham’s criticism was somewhat surprising since he was one of three Republican
senators who voted last year to confirm Jackson to the influential D.C. Circuit
court. Joining Graham in backing the justice he is now painting as radical:
Sens. Susan Collins of Maine and Lisa Murkowski of Alaska.

Legal

KETANJI BROWN JACKSON: WHO IS SHE? BIO, FACTS, BACKGROUND AND POLITICAL VIEWS

By Nick Niedzwiadek

As a graduate of Harvard College and Harvard Law School, Jackson shares the Ivy
League pedigree common to every member of the high court except its newest,
Justice Amy Coney Barrett. Jackson’s resume is also in sync with calls from
liberal lawyers for more nominations of judges and justices with backgrounds in
criminal defense and public interest law.

After clerking for Breyer, Jackson held various legal jobs, including as an
assistant federal defender in Washington, D.C., and as a special counsel to the
U.S. Sentencing Commission. Former President Barack Obama nominated her to the
district court in Washington in 2012 and she was confirmed the following year.

Jackson is likely to face questions during the Supreme Court confirmation
process about her rulings as a trial judge that have been overturned by the D.C.
Circuit, including her decision rejecting a Trump attempt to fast-track
deportations and executive orders limiting the power of government unions.

Jackson’s confirmation is considered highly likely, since any nominee put
forward by Biden can be confirmed in the evenly-divided Senate with 50
Democratic votes and a tie-breaker from Vice President Kamala Harris, even if no
Republicans go along.

While Supreme Court confirmation battles have become highly partisan affairs in
recent decades, there is some prospect of a bipartisan vote for Jackson based on
the GOP votes she won last year.

One potential selling point for Jackson with Republicans: Her family ties to
former GOP House Speaker Paul Ryan. Her husband’s twin is Ryan’s brother-in-law,
and as a member of Congress, Ryan testified in support of her nomination to the
district court.

Breyer, who has served on the high court since 1994, handed Biden his first
chance at a Supreme Court pick last month by announcing plans to resign when the
court takes its summer recess in June or July. The announcement emerged from the
83-year-old justice after more than a year of calls from liberal activists and
attorneys for him to step down to make way for a younger justice who could spend
decades on the high court bench.

* Filed under:
* Joe Biden,
* Joe Biden 2020,
* U.S. Supreme Court,
* Legal,
* Ketanji Brown Jackson

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