The US Senate began on Monday (21) the hearing of Kentanji Brown Jackson, nominated for the post of judge of the Supreme Court. She is the first black woman nominated for the role in the court’s 233 years of operation.
In his opening speech, Jackson committed to acting independently and in pursuit of equality. “I have dedicated my career to ensuring that the words engraved on the front of the Supreme Court building, ‘Equal justice under the law,’ are a reality and not just an ideal,” she said.
“I have been a judge for nearly a decade and take my duty to be independent very seriously. I decide cases from a neutral stance. I assess the facts, interpret and apply the law without fear or favor,” she continued. “I know that my role as a judge is limited, that the Constitution gives me power only to decide cases and disputes that are properly presented.”
Since last year, Jackson, 51, has been a judge on the District of Columbia Court of Appeals. She was appointed to the Supreme Court by President Joe Biden in late February. If confirmed by the Senate, she should take office in the second semester.
At the hearing before the senators, she again highlighted that she considers herself blessed by God for the trajectory she has had, thanked her parents for all the effort they made and remembered part of her story.
“When I was born here in Washington, my parents were public school teachers. To express pride in their ancestry and hope for the future, they named me Ketanji, which means ‘kind person.’ They taught me that despite the many barriers that faced, my path was clear,” he said.
On this first day of the Sabbath, members of the Senate Judiciary Committee gave speeches about the nomination. Democrats have highlighted the importance of having a first-time black woman on the Supreme Court, while Republicans have indicated they intend to ask tough questions. Hearings must continue until Thursday (24).
“The reality is that members of the [Suprema] Courts have never reflected the nation they serve,” said Democratic Senator Dick Durbin, who chairs the Justice Committee. “It’s not easy being first. But your presence here today will inspire the millions of Americans who see themselves in you. It is a proud day for America”, he continued, in the opening speech of the event.
Republican senator Josh Hawley has indicated that he will question Jackson for his decisions in cases involving child pornography and pedophilia. He considers that in at least seven cases, the judge handed down sentences that were more lenient than the federal recommendation. “I think there’s a lot to talk about here on this subject, and I’m looking forward to it,” he said.
Last week, Hawley accused her of being lenient. “Judge Jackson has a pattern of making it easy for those accused of child pornography, both as a judge and as a policymaker. She has been advocating that since high school. This goes beyond being ‘soft on crime’,” he criticized, in a post on social media.
The judge needs the approval of the senators to reach the Supreme Court. Approval must occur, as Democrats hold 50 of the 100 Senate seats, plus tie-breaking power. Last year, she faced a similar process: her nomination to the Court of Appeals passed the Senate by 53 to 44, with three Republican votes.
Democrats want the nomination, announced in February, to be voted on in the Senate before the Easter recess, which begins on April 8. If confirmed, Jackson is expected to take office in October, when the new US judicial year begins.
The inauguration would also come close to the midterm elections scheduled for November, in which Democrats risk losing narrow majorities in the House and Senate.
The choice was seen as a nod by Biden to the black electorate, who gave a good vote to Democrats in 2020, but who today have leaders criticizing him. In January, for example, the president went to Georgia to hold an act in defense of changes to facilitate access to the vote, but the event was boycotted by some black leaders, who called for more action and less speech.
A survey by Monmouth University in New Jersey found that 55% of Americans support her nomination, 21% are against it and 24% have no say. The study surveyed 809 Americans between March 10 and 14, with a margin of error of 3.5 percentage points.
Jackson was born in Washington in 1970. His parents attended segregated schools in the US South, where white and black students were supposed to go to different institutions. Afterwards, they attended universities aimed at blacks and began their careers as teachers in public schools.
She grew up in Miami, excelling in debate and oratory tournaments, and studied law at Harvard, where she was deputy editor of the Harvard Law Review. After graduating, she was an assistant to a few justices, including Stephen Breyer, 83, a member of the Supreme Court who announced he would retire at the end of the current legal year in October and paved the way for the new appointment.
In the 2000s, she alternated periods as a lawyer and public defender, in which she assisted people without money. If confirmed, Jackson will be the first former public defender to reach the Supreme Court.
In 2009, she was appointed by President Barack Obama to the vice presidency of the US Sentencing Commission. During her tenure, the department recommended reducing penalties for crimes related to drug possession.
Four years later, Obama appointed her to the District Court for the District of Columbia. In that position, she reviewed cases involving acts of the Presidency and blocked an attempt by then-President Donald Trump to expand the deportation of immigrants without hearing them at hearings and prevented three executive orders from him to limit the rights of federal workers, such as union membership
Jackson was also on the three-judge panel that gave the go-ahead for Congress to gain access to White House records relating to the January 6, 2021, invasion of the Capitol. The Supreme Court later upheld the decision.
Other of his decisions were favorable to the republican, such as the authorization of the exemption of the environmental impact study in the construction of the wall on the border with Mexico.
The judge currently lives in Washington. She is married to Patrick, head of the division of general surgery at Georgetown University Hospital, with whom she has two daughters.
The US Supreme Court is the highest judicial body in the country and has the power to decide the country’s course in sensitive areas. Currently, the court has six conservative-oriented magistrates and three who tend to vote more liberally. The new appointment will not change this picture.
One of the issues under consideration by the court is the right to abortion, which was released by a decision of the court itself, in 1973. In recent years, several American states have passed laws to restrict the practice, and when analyzing the legality of the procedures of one of them , the court may change its understanding of the matter. The dream of many conservatives is that a new ruling would overturn the 1973 ruling, paving the way for a ban on abortion.
The new judge will be only the third black person to be appointed to the Supreme Court. The first was Thurgood Marshall, nominated by Democrat Lyndon Johnson in 1967 — he retired in 1991 and died in 1993. The second is Clarence Thomas, in office since 1991, when he was nominated by Republican George Bush.
WHO IS WHO IN THE SUPREME COURT
conservative wing
John Roberts67
Nominated by George W. Bush in 2005. Although considered conservative, the current president of the Court sometimes acts in a moderate way
Clarence Thomas73
Nominated by George Bush in 1991
Samuel Alito71
Nominated by George W. Bush in 2006
Neil Gorsuch54
Nominated by Donald Trump in 2017
Brett Kavanaugh57
Nominated by Trump in 2018
Amy Coney Barrett50
Nominated by Trump in 2020
progressive wing
Stephen Breyer83 (retiring this year)
Nominated by Bill Clinton in 1994
Sonia Sotomayor, 67
Nominated by Barack Obama in 2009
Elena Kagan, 61
Nominated by Obama in 2010​
