Why Ketanji Brown Jackson Matters
– By Ed Kociela –
While the Senate confirmation of Ketanji Brown Jackson as the 116th Associate Justice of the United States Supreme Court is, most definitely, one for the history books, the impact of her taking a seat on the bench has much more significance than her being the first African-American woman to be so honored.
Without question, Jackson’s confirmation makes SCOTUS look more like mainstream America. Instead of nine sour-looking old men, we have a mix of five men and four women. It includes two African Americans, and one Hispanic sitting on the bench celebrating our diversity.
But, her confirmation is also important because SCOTUS has skewed dangerously into a one-voice court. With a 6-3 political divide — the majority weighing heavily on the conservative side — it was important to confirm Jackson and her liberal philosophy because the court is supposed to represent not only you, but me as well and all of the in-betweeners without fear of being canceled by whoever shouts the loudest.
It would be too easy to paint Republicans as racist for their near-unanimous votes against her confirmation. Only Mitt Romney (R-UT), Lisa Murkowski (R-AK), and Susan Collins (R-ME) crossed the aisle and voted to seat her. And, while I would bet racism had something to do with a number of votes, the GOP lemmings seemed far more concerned with political optics. That’s why it was imperative to replace the liberal 83-year-old Stephen Breyer with a person of similar political ideology while a Democratic majority in the Senate is seated. It’s what happens when political parties take precedence over the good of the nation.
In its essence, it is wrong to bring politics into SCOTUS discussions. The justices are supposed to be the final, impartial word on the law, the best and brightest of our legal scholars when it comes to applying the Constitution and laws intended to provide us with liberty, security, and fairness and to anchor the foundation of justice. An unbalanced court is not optimum. I mean, ideally, the court would fall on a four-four-one divide with the swing vote being held by somebody from the center. That’s not going to happen, of course, as power and party have superseded justice and the spirit of the Constitution.
As one who qualified to be a member of AARP some time ago, I must admit to a certain ageism in applauding Jackson’s confirmation.
I like the fact that she is only 51 and will be one of four justices younger than 60. While I admire age, experience and, hopefully, the wisdom accumulated, I also am stimulated by youthful vigor and energy. The younger members of the Court represent, truly, a totally different culture than the one in which Chief Justice John Roberts, 67, and Associate Justices Clarence Thomas, 73, Samuel Alito, 72, Sonia Sotomayer, 67, and Elena Kagen, 61, were raised. There is significance to that, of course. Different perspectives, different life experiences.
And, Jackson has the goods.
She comes from the working class. Not only that, she has lived the Black experience, which is much different from that lived by the likes of us who had a much more cushy existence, free from worry of unequal treatment socially, culturally, and legally.
She graduated cum laude from Harvard University, cum laude from Harvard Law School, and was an editor for the “Harvard Law Review.” She served as Breyer’s law clerk, a prestigious position for a young person making a career in the law.
When it comes to judges and qualifications, you can get into the tall weeds very quickly, especially when making judgment on their judicial record. We don’t know the nuance or context of their decisions, just bits and pieces that lead to assumptions that are never 100 percent accurate. Every judge has rulings that, depending on political will, can be seen as contentious. But, in the case of Jackson, there is the good news that she also worked as a public defender, which gave her a front row seat regarding how the law is applied to those who are not fortunate enough to have a hotshot lawyer on retainer. It helps with not only the practicality of law, but the context and real-world experience of those who encounter the justice system whose laws can often resemble a dyslexic jumble of words, particularly when you deal with Constitutional law. I mean, how long has it been and they still can’t figure out the 2nd Amendment? Her time as a public defender will serve her as she examines the law and its impact because as an Associate Justice, her job will be to interpret the law and hand down decisions accordingly.
I watched some of the committee meetings and saw the treachery of Sens. Ted Cruz, (R-TX), and Lindsey Graham, (R-SC), as they tried to smear her record and prevent her confirmation. Jackson parried with dignity and aplomb, even in the face of their most scatological line of questioning. She came through unscathed and proved she can go the distance and weather the storm of scrutiny that shadows our justices regardless of their ideology.
Being a Supreme Court justice is a pretty good gig. She will make $274,200 this year plus whatever she earns in lectures and speeches or royalties for any books she may write. Her work year is a neat and tidy 193 days a year, with summers off. And, unless they royally screw up, they are bulletproof because the job is theirs for life.
It is probably, all things considered, a better gig than being elected president with more power, influence, and impact on the life of everyday Americans.
And, that is where Jackson will excel, not only because she worked as a public defender, but because she comes from humble means, as a schoolgirl watching her father study to find a career in the law.
Those humble means will help her with the job at hand, and that is ensuring justice for all people.
She’s got the chops.
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