Six days after President Biden was sworn in, White House adviser Dana Remus telephoned Ketanji Brown Jackson to see if the judge might be interested in a new job: replacing Merrick Garland in a strong federal appeals court. The new administration was ready to prioritize vacancies and planned to promote the candidate lists that would send a message about how the President viewed the courts. Stellar credentials were necessary, but Biden also wanted candidates who would bring a new professional and demographic diversity to the white-dominated countryside. Look for candidates who have worked as public defenders and civil rights lawyers, for example. Jackson – who was then serving in federal court in Washington – fit in perfectly. She had a brilliant resume that included Harvard degrees and federal writings, but her experience had its roots in public service. The prospect of Judge Stephen Breyer retiring from the Supreme Court loomed large in the future, and the federal court in Washington has been a stepping stone for Supreme Court candidates. Biden had vowed to write a story in the name of a black woman in the Supreme Court. Such a historic move will highlight a group of potential female candidates who have broken down barriers to reaching the top of the legal profession. Jackson, who is an African-American and a former employee of Breyer, would probably be the leading candidate for the post. A post in the court of appeals will serve her for a further season and will strengthen her profile. Asked about the race during her confirmation hearing last year for that position on appeal, Jackson answered cautiously. She said she did not believe the race played a role in the kind of judge she was or would be, but she believed that her professional background, especially as a trial judge, would be valuable. “I have experienced life in perhaps a different way than some of my colleagues, because of who I am, and that can be valuable,” he said. “I hope it would be valuable if I could confirm in the court of the track.” Last June, the Senate confirmed Jackson in that position by a 53-44 vote. Jackson, 51, will now replace Breyer in the Supreme Court, who retired today at noon ET. “The bench of black women lawyers with stellar credentials is extremely deep,” said Elizabeth Wydra, president of the Liberal Center for Constitutional Accountability. But, he noted, Jackson brings more than one distinguished court record. She has “an understanding of how the law affects people based on both her professional and experienced experiences and a strong commitment to equal justice,” Wydra said. He has served as an assistant federal attorney general, a commissioner on the U.S. Convict Committee, a lawyer in the private sector, and in two recognized federal courts. He follows in the footsteps of Chief Justice John Roberts and Judges Neil Gorsuch and Brett Kavanaugh, who have taken over the positions of judges for whom they have worked. Jackson worked for Breyer during his 1999 term, having served as a clerk from 1997-1998 to Judge Bruce M. Selya, a federal judge in Massachusetts. At a 2017 event funded by the liberal American Constitution Society, he called Breyer’s work a life opportunity “to testify to the operation of his brilliant legal mind.” He also joked about how justice often went to work by bicycle and appeared in his majestic hall wearing “a bicycle full of laughter”. Jackson often talks about areas of her law specialization when addressing the public, but she also talks about the difference and balance between professional and personal life. In a 2017 talk at the University of Georgia Law School, she thought about her journey as a mother and as a judge, stressing how difficult it is for mothers to serve in large law firms – something she said she did from time to time to help support Her family. He noted that the hours are long and there is minimal control over the schedule, which “is constantly in conflict with the needs of your children and your family.” He also highlighted the pitfalls of starting a career in law, and noted recent studies showing that colored lawyers — both men and women — make up only 8% of law firm partners nationwide. Read about her personal record here.
