In response to President Joe Biden’s nomination of Judge Ketanji Brown Jackson to the Supreme Court, conservative media outlets have begun to smear the D.C. Circuit Court judge by baselessly describing her as a radical, unqualified nominee.
Jackson graduated from Harvard College and then attended Harvard Law School, where she was the supervising editor of the law review. Jackson also clerked for Justice Stephen Breyer, whom she was nominated to replace. She spent several years as a public defender, and served as vice chair of the U.S. Sentencing Commission from 2010-2014. Jackson has been a federal judge since 2013, when she began working as a trial judge in D.C. In 2021, Biden nominated her to the U.S. Court of Appeals for the District of Columbia Circuit, one of the most powerful courts in the nation. She was confirmed by a vote of 53-44, garnering the votes of three Republicans.
Because of the types of cases the circuit courts hear, Jackson’s most influential decisions thus far have dealt with executive power and conflicting statutes, rather than topics like abortion or civil rights. Though right-wing media are trying to paint Jackson as the most radical choice possible for the Supreme Court, her judicial record and philosophy has been described as “workmanlike” and “well within the mainstream” by conservative legal scholars and judges. Based on Jackson’s moderate background, political analysts consider her nomination “safe” and “predictable” and note that her replacement of another liberal judge is “unlikely to reshape the Supreme Court.”
But Jackson’s long list of accomplishments and widespread acclaim hasn’t deterred some conservative media from following through on what seems to have been the plan all along — attacking the nominee for perceived bias based on her identity. Even before Jackson was named, right-wing media had launched a preemptive attack on the yet-unknown nominee, simply because Biden said she would be a Black woman.
Right-wing figures are employing tactics historically used to undermine people of color and women based on the assumption that their identity renders them inherently biased and unfit to hear cases concerning gender discrimination or civil rights. Meanwhile, white men’s potential biases are much less frequently discussed. The NAACP’s Sherrilyn Ifill pointed out that similar methods were previously used by conservatives to discredit Justice Thurgood Marshall, the first Black Supreme Court justice, and Constance Baker Motley, the first Black woman to serve as a federal judge. The qualifications and aptitude of people of color are often called into question no matter how accomplished they are.