The Joy and Agony of Ketanji Brown Jackson’s Historic Moment

While all Americans should rejoice in the nomination of Judge Ketanji Brown Jackson to the Supreme Court, the first Black woman justice to sit should she be confirmed, Senate Republicans turned the focus to white privilege, mockery, and racism. Judge Jackson, with her extraordinary credentials and a judicial temperament made of steel, faced tirades, temper tantrums, and theatrical walking off stage. And in the end, the same way that all Black women rise to higher heights against all odds, she persevered.

As a Black woman lawyer and member of the Supreme Court bar, I felt a growing anger during the Senate Judiciary Committee hearings as I watched white Republican senators question Judge Jackson while clothed in their finest white privilege and adorned with racism, hypocrisy, and misogyny. On display was Judge Jackson’s worthiness versus white senators’ entitlement.

The Senate Judiciary Committee hearing’s purpose is supposedly to determine whether the nominee qualifies for the position. Yet the U.S. Constitution delineates no qualifications for a Supreme Court justice. To that point, Justice James F. Byrnes, who was appointed to the court in 1941, did not graduate from high school but studied and passed the bar exam. The Senate confirmed Justice Byrnes’ appointment on the same day of his nomination. The events of last week show how much times have changed.

Judge Ketanji Brown Jackson holds impeccable credentials. She graduated magna cum laude from Harvard University and then from Harvard Law School, where she served as an editor of the prestigious Harvard Law Review. She served as Supreme Court law clerk to Justice Stephen Breyer, the justice whose seat she hopes to fill. Her other storied accomplishments include vice chair of the U.S. Sentencing Commission, U.S. District Court judge, and U.S. Court of Appeals judge for the District of Columbia Circuit.

Judge Jackson’s hearing began on March 21. As soon as the questions began, the circus started. Contrary to Senator Charles Grassley’s (R-Iowa) comments that the hearing would not turn into a “circus,” it did. On day two, Senator Lindsey Graham (R-S.C.), in a tirade and temper tantrum fit more for a toddler, ranted, refused to allow Judge Jackson to answer questions, exceeded his time limits, broke Senate rules, and then stormed out of the hearing room. As a Black woman lawyer, I can’t imagine that I could scream, cry, shout, and walk out of a hearing without serious consequences.

Throughout the hearing, the smell of sexism permeated the air. Multiple senators posed questions and then refused Judge Jackson the opportunity to fully answer or rudely interrupted her before she completed her response. Just about every woman experiences this conundrum almost daily in conversations with men. In the context of a Senate confirmation hearing where the sole purpose is to answer questions, the process was patently counterproductive and disrespectful toward Judge Jackson.

Senator Ted Cruz (R-Tex.) added an air of hypocrisy. He chastised Judge Jackson for her role as a board member of a school that purportedly uses Ibram X. Kendi’s book Antiracist Baby as part of the school’s curriculum to address racism and teach antiracist behavior. Yet, Senator Cruz’s daughters attend a private school that acknowledges its antiracist mission.

Following up on the race issue, Senator Marsha Blackburn (R-Tenn.) questioned Judge Jackson on “so-called white privilege” (as if no such thing exists). Black women must be twice as good to get the same position as a white person. Judge Jackson’s credentials far exceed most if not all of the nine justices. And yet in the eyes of white Republicans, she’s not deemed sufficiently qualified.

Less than 24 hours after the hearing concluded, Senate Minority Leader Mitch McConnell (R-Ky.) issued a statement in which he declined to support Judge Jackson. He implied she is a judicial “activist.” Perhaps had Judge Jackson been an activist judge versus fair and nonpartisan in her rulings, she would’ve ruled against the Republican National Committee’s (RNC) case in their request to obtain thousands of email documents of former Secretary of State Hillary Clinton in 2016. Instead, right before the presidential nominating conventions, she ruled in favor of the RNC. Does that sound like a progressive activist judge?

Four days after the Senate confirmation hearings ended, Senator Joe Manchin (D-W.Va.), who often sides with his Republican colleagues, announced his support for Judge Brown. He cited in his decision her love for West Virginia, as if that mattered. Eight days after Judge Brown’s hearing began, Senator Manchin (D-W.Va.) labeled his fellow colleagues’ behavior as “disgraceful” and “embarrassing.”

The GOP treatment toward Judge Ketanji Brown Jackson upset and angered me. In moments of anger, my mother always told me “Never let anyone steal your joy.” Judge Ketanji Brown Jackson’s nomination counts as a joyous moment for America. Judge Jackson deserved respect fitting for a queen with her extraordinary qualifications. Instead, she faced disrespect and disdain. Yet, through it all, Judge Jackson persevered as she’s done in her career from Harvard University to now.

Black women have persevered throughout America’s history of racism and sexism from Harriett Tubman; Charlotte E. Ray, the first Black woman lawyer; Judge Constance Motley Baker, the first Black woman federal judge; Michelle Obama, and Kamala Harris — to now Judge Jackson. When the Senate hopefully confirms Judge Jackson and she takes the oath of office as the 116th associate justice of the Supreme Court, the first Black woman justice, I will cry tears of joy. No one will steal my joy.