Ketanji Brown Jackson marks a 1st and more of the same for the Supreme Court
In any other week, a nomination to the Supreme Court would be the top story. With Russian troops nearing Kyiv this morning, President Biden's selection of Kentaji Brown Jackson earns barely a murmur.
International events aren't the only reason Jackson's nomination won't attract much attention. Biden had already announced that he planned to keep his campaign promise to select a black woman. The pool of nominees was further narrowed by the administration's adherence to conventional criteria, including a degree from an Ivy League law school and confirmation to a previous judgeship by the Senate. Under these constraints, Jackson was the front-runner from the start.
Jackson's an unsurprising pick for other reasons, too. In her early fifties, she can be expected to join other recent nominees in serving for decades. Relative youth has become an unofficial job qualification as presidents try to squeeze the greatest impact from their appointments. Partly due to her age, Jackson also has a thin record of decisions (she has served on the Circuit Court of Appeals for the District of Columbia for less than a year, and as a trial judge before that). The lack of a paper trail makes her harder to attack.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Not that Republicans won't play their part. This morning, Lindsay Graham (R-SC) tweeted that Brown's nomination "means the radical Left has won President Biden over yet again." The remark was dubious, if not surprising, because Graham was one of just three Republicans who voted in favor of Brown's nomination to the Circuit Court last year.
Even if Graham's vote is off the table, Brown is still almost certain to be confirmed. Unless something surprising transpires in the hearings, she'll likely get support from Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska), both of whom voted for her confirmation in 2021. Because it's not altogether clear whether the vice president can cast a tie-breaking vote for Supreme Court appointments, constitutional lawyers may get excited by the chance of an evenly divided outcome. Barring unforeseen events, though, this predictable nomination will proceed to its unsurprising conclusion.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Samuel Goldman is a national correspondent at TheWeek.com. He is also an associate professor of political science at George Washington University, where he is executive director of the John L. Loeb, Jr. Institute for Religious Freedom and director of the Politics & Values Program. He received his Ph.D. from Harvard and was a postdoctoral fellow in Religion, Ethics, & Politics at Princeton University. His books include God's Country: Christian Zionism in America (University of Pennsylvania Press, 2018) and After Nationalism (University of Pennsylvania Press, 2021). In addition to academic research, Goldman's writing has appeared in The New York Times, The Wall Street Journal, and many other publications.
-
Is the United States becoming an oligarchy?
Talking Points How much power do billionaires like Elon Musk really have?
By Joel Mathis, The Week US Published
-
What is Mitch McConnell's legacy?
Talking Point Moving on after a record-setting run as Senate GOP leader
By Joel Mathis, The Week US Published
-
Who will win the coming US-China trade war?
Talking Points Trump's election makes a tariff battle likely
By Joel Mathis, The Week US Published
-
The political latitude of Musk's cost-cutting task force
Talking Points A $2 trillion goal. And big obstacles in the way.
By Joel Mathis, The Week US Published
-
The Pentagon faces an uncertain future with Trump
Talking Point The president-elect has nominated conservative commentator Pete Hegseth to lead the Defense Department
By Justin Klawans, The Week US Published
-
Should Sonia Sotomayor retire from the Supreme Court?
Talking Points Democrats worry about repeating the history of Ruth Bader Ginsburg
By Joel Mathis, The Week US Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published