Ketanji Brown Jackson was confirmed this Thursday (7) by the Senate as Minister of the Supreme Court of the United States. Her appointment doesn’t immediately change the game of power in the courtroom, but her presence in court promotes crucial transformations.
In the US, members of the Supreme Court, as a rule, have been divided and aligned their opinions over time along the party lines of those who appointed them. Since Donald Trump nominated ultraconservative Amy Coney Barrett to replace progressive Ruth Ginsburg, the score has crystallized into 6-3 for the Republicans.
Jackson will replace Stephen Breyer – who has asked for his retirement -, nominated by Democrat Bill Clinton, and therefore will not be able to change the picture. That’s not to say, however, that his appointment can’t lead to significant changes in and out of court.
First, no black woman has ever served on the US Supreme Court. In its long history (which began during slavery), the court had 120 members, only 2 black and 4 women — one of them Latina, Sonia Sotomayor, to whom Jackon joins. The impact of this fact in symbolic and representative terms is visible in the data according to which, among black American adults, 72% historically consider this nomination very or extremely important (Pew Research Center).
Second, in addition to possessing (and surpassing) the credentials that validate the trajectories of his colleagues, Jackson brings a unique professional experience. Among the traits she shares with her peers, she graduated from an elite university (like her, four of the current members were from Harvard, another four from Yale), was an adviser to the Supreme Court (she has assisted, in the past, Breyer) and, later, judge in the first and second instances.
However, she will be the first public defender in the history of the court and the second member to have experience in the criminal defense of the vulnerable. Her predecessor, Thurgood Marshall, minister from 1967 to 1991, was the first black Supreme Court justice and, prior to that, founded and served on the NAACP Legal Defense and Educational Fund, possibly the most important racial litigation organization in U.S. history. . Jackson, meanwhile, has advocated for indigent clients in criminal cases and for Guantánamo detainees.
Even without changing the percentage of conservative (pro-republican) and progressive (pro-democrat) nominees in the court, the unique perspective and experience that the presence of the magistrate adds can influence internal dynamics and the decision-making process of the court – whether bringing and enabling new arguments, or by persuading your colleagues.
According to some estimates (such as that of Stanford University’s Database of Ideology, Money in Politics, and Elections), she would become the most liberal member of the court (replacing Sotomayor), which could cause the entire bloc to progressive would lean more in that direction.
On the other hand, in an extremely polarized political scenario, his nomination took place with three Republican votes, which for some suggests a good capacity for dialogue with the more conservative side.
In addition to the immediate effects, his 51 years in a Supreme Court in which there is no limited term or mandatory retirement promise a few more decades of performance and potential impacts of his appointment in the context of new political configurations and future compositions of the court itself.
WHO’S WHO IN US SUPREME COURT TODAY
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 (retired and will give way to Ketanji Brown Jacksonnominated by Joe Biden)
Nominated by Bill Clinton in 1994
Sonia Sotomayor, 67
Nominated by Barack Obama in 2009
Elena Kagan, 61
Nominated by Obama in 2010​
