The Ninth Justice’s Voice
Let’s look past the visage of false narratives
By Bronwyn Metz
Guest Writer
Confirmation hearings have become a partisan battleground. The requirement that judges be impartial contradicts the political theater that overtook the Senate Judiciary Committee last March. The current Supreme Court Justice, Ketanji Brown Jackson, was caught in the crossfire.
The motive behind the hearings was to encourage the belief that her race and gender were what definitively landed her the nomination. This idea strips Jackson of her well-earned achievements and puts a target on her back, which both political officials and the public took a shot at.
During the hearings, Senators asked her absurd questions. Many questions deviated from the subject of the law. Most notably, Senator Marsha Blackburn (R-Tenn) inquired, “can you provide a definition for the word ‘woman’,” to which Jackson responded, “Can I provide a definition? No, I can’t… Not in this context, I’m not a biologist.” In an attempt to remain neutral, Jackson maneuvered around the question at hand. Nonetheless, Jackson’s words were used against her and took the right-wing media by storm.
The publicity was a result of political interest. The Left used Jackson’s statement to appeal to its constituents. Conversely, the Right used Jackson’s response to frame her as a ‘puppet’ for the radical-Left. Right-wing critics exploded on Twitter.
For instance, Editor-in-Chief of The Federalist Mollie Hemingway wrote: “The new leftist orthodoxy is that ‘woman’ can’t be defined scientifically or logically and that if you do so define it, you must be canceled and destroyed. Healthy.”
Altering information to fit partisan agendas is not an abnormal occurrence in our current political sphere. What makes the backlash problematic is not rooted in what Jackson said, but who she is.
This is best represented by GOP strategist Greg Price, who tweeted: “Joe Biden picked her because she’d be the first Black woman on SCOTUS and she can’t even define what the word ‘woman’ means.” This quote implies that not only were the questions meant to disenfranchise Jackson, but also that she was nominated simply, and in his eyes, ironically because she is a Black woman.
Jackson’s interrogation was not a strong representation of the work she would do as a federal judge. Instead, it was an attempt to invalidate her position based on her identity. Senators asked questions about critical race theory and gender, to which Jackson responded:
“Senator, I’m not sure what message that sends. If you’re asking me about the legal issues related to it — those are topics that are being hotly discussed, as you say, and could come to the court.”
Despite the biased, ideologically-driven hearing process, Ketanji Brown Jackson was confirmed by the U.S. Senate on April 7, 2022, by a vote of 53–47. It was a historic moment that was undoubtedly deserved.
Jackson was nominated not solely because of her gender and race, but on the basis of her success and overwhelming qualifications. She proved that she is capable of withstanding partisan pressure and overcoming the roadblocks that so many black women face in politics and society.
As the Supreme Court continues its current term, the American public must be wary of the political warfare that is still brewing, this time within the walls of the federal courthouse.
Although the hearings came to a close, it is not improbable that Jackson will remain a target. She is the first to represent her societally marginalized identity. All eyes are focused on her performance and deliberation in upcoming cases. Despite the added pressure, Jackson has taken it in stride. As the new Justice stated, “I have a seat at the table now,” and she has no intention of sitting idle.
Jackson sent this message in her first case in which she waited less than eight minutes before jumping into a dispute about the scope of federal agencies’ authority to regulate land use as a means of preventing water pollution. Jackson remained an active questioner throughout the argument, scoring assists from several colleagues. Thus far, her involvement in court discussions has remained fairly consistent and indisputably productive.
Referring back to the hearings, it is optimistic to say Jackson will not face prejudice or backlash. It is more realistic to infer that her role as an interpreter of law could work to her disadvantage. Her words were held against her prior to confirmation. It would not be a surprise to see the same process carry into her career.
With that said, it is important to criticize the political and public sphere, both of which played a role in skewing Jackson’s image. As Americans, we must attempt to look past the visage of false narratives. In doing so, we will recognize our newest justice for who she is.
Justice Ketanji Brown Jackson is a Black woman with strong experience, character, integrity, and dedication to the Constitution and rule of law. She is an exceptionally well-qualified jurist whose credentials, experience, and even-handed approach to the administration of justice make her an outstanding addition to the Supreme Court.
She is rightfully forging the path for the advancement of marginalized groups emerging a hero from the political warfare of our own design.
All in all, Jackson being an African American woman should not further impede her from performing the duties every other justice on the bench is expected to fulfill. The next time you come across an article on Ketanji Brown Jackson, think critically about her words, then judge the partisanship of the source and reflect carefully upon your own bias.
All ears will be listening to Ketanji Brown Jackson’s voice. May the proverbial bullets she took during the hearings be a testament to her character and judicial ability to perform. Let us not reload the word-fueled weapon once more.
Bronwyn Metz is a first year majoring in International Affairs.
