"Ketanji Brown Jackson made history on April 7, 2022 when her nomination as Supreme Court Justice was approved."-- Maya Mastropasqua, 7th grade
Ketanji Brown Jackson made history on April 7, 2022 when her nomination as Supreme Court Justice was approved. She is now the first Black woman justice on the Supreme Court. The official article posted to the White House Page, “The Senate Confirms Ketanji Brown Jackson on the US Supreme Court” recently confirmed her confirmation saying that a “bipartisan group of senators confirmed Judge Jackson’s nomination.”
Jackson had previously served as a public defender, making her “the first former federal public defender to serve on the supreme court.” The New York Times, “Why KBJ is Different” article notes that previously serving as public defender would make her the only justice who has “spent a substantial amount of time defending poor people.” She represents our country in a way other justice can’t, according to OSA’s Ethnic Studies teacher, Britt McClintock. “She represents resilience and success,” they said. “She represents opportunity. She represents America - the way it should look.”
President Obama had nominated Judge Jackson to serve as Vice Chair of the US Sentencing Commission in 2009, and she was later confirmed. “Her work there focused on reducing unwarranted sentencing disparities and ensuring that federal sentences were just and proportionate,” the White House article states.
In another attempt to reduce mass incarceration the New York Times article reports Jackson “wrote articles about unfairness in the justice system.” The White House article even explained what Biden was looking for in a judge before her nomination on February 25. He was interested in someone “wise” “pragmatic” and “committed to legal justice.”
She was eventually confirmed with a 53-47 vote. “It really feels special and historical seeing Ketanji Brown Jackson be sworn into the US Supreme Court,” McClintock said. “Representation really does matter to me. When I look at her I see my family - I see my grandmother who broke glass ceilings and told me there is no job too big or out of reach.”
Jackson won over three GOP votes, but the hearings were a brutal process. An overwhelming amount of pushback came from the Republican party, even when the hearings weren’t in session. For one, Senator Josh Hawley tweeted that, “Jackson deviated from the federal sentencing guidelines in favor of child porn offenders.” However Senator Hawley’s statement doesn’t really give you the whole truth. The ABC article, “Fact check: Judge Ketanji Brown Jackson child porn sentences ‘pretty mainstream’” covers the 2021 report done by the U.S Sentencing Commission.
They explain that defendants who have been convicted of owning child pornography, rather than making it, “have been subject to long standing criticism from stakeholders and has one of the lowest rates of within-guideline range sentences each year,” meaning that long sentences to these offenders has been long criticized, and sentences will usually fall under the guideline. The report adds that only one third of the defendants who didn’t produce child pornography had sentences “within the guideline range in fiscal year 2019.” This means that while Sen Hawley was trying to paint the picture as Ketanji Brown Jackson being particularly lientent to child porn offenders, in truth KBJ was following what is commonly done in those situations.
It is important to note that KBJ went into these hearings facing what the Vox article “Who is Ketanji Brown Jackson?” called a “malapportioned Senate where Republicans are overrepresented,” and where they “control half of the seats.” The pushback, although not exactly shocking, is very specific to this time period. In another time, her glowing credentials would have “ensured that she’d be confirmed overwhelmingly.”
The hearings contained many odd criticisms and proved to be a true test of patience to Jackson. The article, “Ketanji Brown Jackson hearing reveals Republicans’ racist fears” mentions a tactic often used by politicians, one very obviously used at the hearings. Leaders will try to force black people into declaring they dissagree with anti-racist movements as a condition for “entry into the highest precincts of power. Another example would be in 2008 to get then-President Obama to criticize statements his pastor had made, “forcefully condemning white supremacy.”
During the hearings, Senator Marsha Blackburn accused Jackson of wanting to release all criminals. Blackburn quoted the newly appointed supreme court justice saying, “each and every criminal defendant in DC. Corrections custody should be released.” Similar to Senator Hawley, her claim didn’t tell the full story. The true quote, however, is, “The obvious increased risk of harm that the COVID-19 pandemic poses to individuals who have been detained in the District's correctional facilities reasonably suggests that each and every criminal defendant who is currently in DC. DOC custody — and who thus cannot take independent measures to control their own hygiene and distance themselves from others — should be released.”
What Jackson was really saying is that because of the dangers of covid defendants who couldn’t properly take care of their health, and had served a reasonable amount of him, should be let go. Jackson has even denied defendants Hartley James Lee, Robert Leake, and Jeremy Sears release.
Among other things, Senator Ted Cruz questioned Jackson about critical race theory. The official Mirriam Webster definition of critical race theory is a framework first used in legal analysis that “considers the impact of historical laws and social structures on the present-day perpetuation of racial inequality.”
“You gave a speech in April of 2015 at the University of Chicago in which you described the job you do as a judge,” he told her. He then quoted a part of her speech, “sentencing is just plain interesting … because it melds together myriad types of law, criminal law, of course … constitutional law, critical race theory.” This quote, like the quote Sen Blackburn recited doesn’t fully encapsulate what KBJ was actually saying.
In the speech she gave she said, “I also try to convince my students that sentencing is just plain interesting on an intellectual level, in part because it melds together myriad types of law — criminal law, of course, but also administrative law, constitutional law, critical race theory, negotiations, and to some extent, even contracts.” When talking to Senator Cory Booker she further explained, “And that speech was not related to what I do as a judge. That was talking about sentencing policy and all of the different academic disciplines that might relate to it.” Republicans even went as far as posting an official tweet with the letters “KBJ” crossed out and replaced with “CRT” (critical race theory).
Cory Booker, instead, used his time to encourage and support the struggling then-nominee. “You're a person that is so much more than your race and gender,” he told her. He talked of her parents' patriotism, “loving a country that didn’t love them back.” “All these people loved their country,” he said, "You faced insults here that were shocking to me — well, actually not shocking. But you are here because of that kind of love, and nobody is taking that away from me."
“As a Black woman I have some comfort knowing another Black woman (in the highest court with power) is considering someone like me when she’s making very important decisions,” says McClintock. As the Supreme Court makes the hard hitting decisions, and represents our country, it is crucial to have someone like Jackson who has stood up for and knows the experiences of all kinds of people. Someone who has a new perspective to share on big decisions. Jackson is the first step towards the supreme court of the future.
Jackson had previously served as a public defender, making her “the first former federal public defender to serve on the supreme court.” The New York Times, “Why KBJ is Different” article notes that previously serving as public defender would make her the only justice who has “spent a substantial amount of time defending poor people.” She represents our country in a way other justice can’t, according to OSA’s Ethnic Studies teacher, Britt McClintock. “She represents resilience and success,” they said. “She represents opportunity. She represents America - the way it should look.”
President Obama had nominated Judge Jackson to serve as Vice Chair of the US Sentencing Commission in 2009, and she was later confirmed. “Her work there focused on reducing unwarranted sentencing disparities and ensuring that federal sentences were just and proportionate,” the White House article states.
In another attempt to reduce mass incarceration the New York Times article reports Jackson “wrote articles about unfairness in the justice system.” The White House article even explained what Biden was looking for in a judge before her nomination on February 25. He was interested in someone “wise” “pragmatic” and “committed to legal justice.”
She was eventually confirmed with a 53-47 vote. “It really feels special and historical seeing Ketanji Brown Jackson be sworn into the US Supreme Court,” McClintock said. “Representation really does matter to me. When I look at her I see my family - I see my grandmother who broke glass ceilings and told me there is no job too big or out of reach.”
Jackson won over three GOP votes, but the hearings were a brutal process. An overwhelming amount of pushback came from the Republican party, even when the hearings weren’t in session. For one, Senator Josh Hawley tweeted that, “Jackson deviated from the federal sentencing guidelines in favor of child porn offenders.” However Senator Hawley’s statement doesn’t really give you the whole truth. The ABC article, “Fact check: Judge Ketanji Brown Jackson child porn sentences ‘pretty mainstream’” covers the 2021 report done by the U.S Sentencing Commission.
They explain that defendants who have been convicted of owning child pornography, rather than making it, “have been subject to long standing criticism from stakeholders and has one of the lowest rates of within-guideline range sentences each year,” meaning that long sentences to these offenders has been long criticized, and sentences will usually fall under the guideline. The report adds that only one third of the defendants who didn’t produce child pornography had sentences “within the guideline range in fiscal year 2019.” This means that while Sen Hawley was trying to paint the picture as Ketanji Brown Jackson being particularly lientent to child porn offenders, in truth KBJ was following what is commonly done in those situations.
It is important to note that KBJ went into these hearings facing what the Vox article “Who is Ketanji Brown Jackson?” called a “malapportioned Senate where Republicans are overrepresented,” and where they “control half of the seats.” The pushback, although not exactly shocking, is very specific to this time period. In another time, her glowing credentials would have “ensured that she’d be confirmed overwhelmingly.”
The hearings contained many odd criticisms and proved to be a true test of patience to Jackson. The article, “Ketanji Brown Jackson hearing reveals Republicans’ racist fears” mentions a tactic often used by politicians, one very obviously used at the hearings. Leaders will try to force black people into declaring they dissagree with anti-racist movements as a condition for “entry into the highest precincts of power. Another example would be in 2008 to get then-President Obama to criticize statements his pastor had made, “forcefully condemning white supremacy.”
During the hearings, Senator Marsha Blackburn accused Jackson of wanting to release all criminals. Blackburn quoted the newly appointed supreme court justice saying, “each and every criminal defendant in DC. Corrections custody should be released.” Similar to Senator Hawley, her claim didn’t tell the full story. The true quote, however, is, “The obvious increased risk of harm that the COVID-19 pandemic poses to individuals who have been detained in the District's correctional facilities reasonably suggests that each and every criminal defendant who is currently in DC. DOC custody — and who thus cannot take independent measures to control their own hygiene and distance themselves from others — should be released.”
What Jackson was really saying is that because of the dangers of covid defendants who couldn’t properly take care of their health, and had served a reasonable amount of him, should be let go. Jackson has even denied defendants Hartley James Lee, Robert Leake, and Jeremy Sears release.
Among other things, Senator Ted Cruz questioned Jackson about critical race theory. The official Mirriam Webster definition of critical race theory is a framework first used in legal analysis that “considers the impact of historical laws and social structures on the present-day perpetuation of racial inequality.”
“You gave a speech in April of 2015 at the University of Chicago in which you described the job you do as a judge,” he told her. He then quoted a part of her speech, “sentencing is just plain interesting … because it melds together myriad types of law, criminal law, of course … constitutional law, critical race theory.” This quote, like the quote Sen Blackburn recited doesn’t fully encapsulate what KBJ was actually saying.
In the speech she gave she said, “I also try to convince my students that sentencing is just plain interesting on an intellectual level, in part because it melds together myriad types of law — criminal law, of course, but also administrative law, constitutional law, critical race theory, negotiations, and to some extent, even contracts.” When talking to Senator Cory Booker she further explained, “And that speech was not related to what I do as a judge. That was talking about sentencing policy and all of the different academic disciplines that might relate to it.” Republicans even went as far as posting an official tweet with the letters “KBJ” crossed out and replaced with “CRT” (critical race theory).
Cory Booker, instead, used his time to encourage and support the struggling then-nominee. “You're a person that is so much more than your race and gender,” he told her. He talked of her parents' patriotism, “loving a country that didn’t love them back.” “All these people loved their country,” he said, "You faced insults here that were shocking to me — well, actually not shocking. But you are here because of that kind of love, and nobody is taking that away from me."
“As a Black woman I have some comfort knowing another Black woman (in the highest court with power) is considering someone like me when she’s making very important decisions,” says McClintock. As the Supreme Court makes the hard hitting decisions, and represents our country, it is crucial to have someone like Jackson who has stood up for and knows the experiences of all kinds of people. Someone who has a new perspective to share on big decisions. Jackson is the first step towards the supreme court of the future.
