Can the Nomination of Ketanji Brown Jackson Right the Ship for Democrats?
Breaking Down the President's SCOTUS pick and the Impact it may have on the Dem's Chances in the Midterms
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By Judah Hain
On Friday morning, February 25, President Biden announced that Ketanji Brown Jackson—a judge on the DC court—would be his nominee for the United States Supreme Court, an announcement which has been buried in the headlines by the news coming out of Ukraine. Jackson was born in the nation’s capital and is the daughter of two HBCU graduates. The nominee’s impressive background includes both an undergraduate and law degree from Harvard University, along with several years serving as a judge for the United States District Court for the District of Columbia. Jackson was chosen to fill Merrick Garland’s role on the United States Circuit Court in June 2021 and was confirmed by the Senate in a 53-44 vote. By the time the Senate votes to confirm her nomination to the Supreme Court, less than a year will have passed since 50 Democrats and three Republicans voted in favor of confirming her nomination to the Circuit Court. Observers expect Jackson to be a liberal judge in light of her record on women’s reproductive rights and racial justice. Beyond the Court, her nomination, and the confirmation hearings set to begin on March 21, have the potential to alter the current state of American politics. Not only will Jackson make an impact on the bench, but Democrats are hoping she can change their fortunes ahead of the 2022 midterm elections as well. With many projecting large gains for the GOP in both houses of Congress as well as wins in State and local elections, Democrats are desperately searching for something to turn the tide. Party leaders and activists are hoping the nomination and confirmation of Ketanji Brown Jackson will get the ball rolling in the right direction and bring enthusiasm to potential Democratic voters across the country ahead of the critical 2022 elections.
The lead-up to Jackson’s nomination provides some hints to the impact her being confirmed would have. On January 27, Justice Stephen Breyer, who has been on the Court for 27 years, officially announced he was stepping down from the Supreme Court, allowing the President to follow through on his campaign promise of appointing a black woman to the nation’s highest court. Breyer’s retirement before the midterm elections reflects the concern amongst liberals that the Democrats won’t retain their majority in Congress after the 2022 elections; if Democrats were expected to maintain their congressional majorities then there would be no rush for Breyer to retire. However, since many are predicting a disappointing election season for Democrats in 2022, Biden wants to ensure that he can nominate and confirm a judge of his choosing rather than having the Republicans control the nomination process once they are in the majority.
As a candidate, President Biden promised to nominate a black woman to the Supreme Court. Since being elected, Biden has been unable to follow through on some key aspects of his agenda, and keeping his promise to nominate a black woman would afford him a tangible accomplishment in this vein. Liberals have lined up to congratulate Biden for the nomination. The White House published quotes praising Biden from dozens of leaders of various progressive movements. Derrick Johnson, President, and CEO of the NAACP said, “This [ nomination] is a historic moment for our nation and our community in particular. President Biden has met this moment with an extraordinarily qualified nominee, who has stellar credentials and an impeccable background.” With the midterms approaching, Biden and the Democrats are banking on the support of Black voters to help stymie the Republicans’ efforts to regain control of the House and Senate. And though the nomination hasn’t gotten as much attention as it would normally have gotten due to the crisis in Ukraine, following through on the promise is a step in the right direction for Democrats as far as the midterms are concerned. While Jackson could help with the Democrats’ midterm problem, her appointment would likely have minimal impact on the ideological balance of the court. If she is confirmed, Judge Jackson would be filling the seat of another liberal justice, and the Supreme Court would still have six conservative justices compared to three liberal ones, as it has since late 2020 when Amy Coney Barrett filled Ruth Bader Ginsburg’s seat. In that sense, though her potential long-term impact as a 51-year-old nominee is tremendous, Judge Jackson’s immediate impact on the outcome of court rulings will likely not be a major one.
While many liberals have praised Biden for his choice, some conservatives have criticized him for saying he’d only nominate a black woman, stating that he should pick someone because they are the most qualified, not because of their gender or race. However, promising to appoint justices based on their gender or race is not a new phenomenon. In October 2020, President Trump promised to nominate a woman before choosing Amy Coney Barrett. Additionally, in discussing the nomination Tucker Carlson went on a rant criticizing affirmative action and demanded that Ketanji Brown Jackson’s LSAT scores be released to the public, a demand which angered many on the left who claimed that Jackson’s credentials are only being questioned because of the color of her skin. If Tucker Carlson is questioning Jackson’s qualifications on TV, there will surely be Republicans who raise similar concerns during the confirmation hearings. If Carlson’s arguments are made by Republicans, Democrats will have an easy time refuting them and will be given the chance to portray the Republican Party, or at least some of its more influential members, as racist. A heated argument between Senators about race and affirmative action, with Republicans questioning the validity of the first-ever black woman nominee to the Supreme Court, could be the type of news story that energizes the liberal base ahead of the 2022 elections.
All of this information regarding Ketanji Brown Jackson’s credentials and the potential tactics of Republican senators during the confirmation hearings, coupled with the fact that in most cases (leaving aside the controversial processes for Amy Coney Barrett and Brett Kavanaugh) a successful Supreme Court nomination provides at least a minor boost to a president’s popularity, the Democrats have an opportunity to make up some lost ground.
Between Biden’s recent State of the Union Address, the ongoing tragic Russia-Ukraine War, and the forthcoming confirmation hearings for Ketanji Brown Jackson, Democrats have had and will continue to have opportunities to impress the American people. Now, with the President’s approval rating as low as it is, and the midterm elections just around the corner, the Democrats have no time to waste.