Black Women + Politics

Around this time 6 years ago, the Obama administration officials were vetting a Black woman as a potential nominee to the U.S. Supreme Court, to fill the vacancy left by the death of associate justice Antonin Scalia in February 2016.

However, Scalia was succeeded by associate justice Neil Gorsuch in April 2017 during the Trump administration. 6 years later after being interviewed as a potential candidate for the vacancy, the opportunity for Supreme Court Justice aligned with Biden’s administrations' goal to nominate a Black woman.

On February 25th, 2022, President Joe Biden announced his nominee for associate justice of the Supreme Court.

Say Her Name: Kentaji Brown Jackson.

Kentaji Brown Jackson is an American attorney and a U.S. Appeals federal judge from Washington, D.C. Jackson was raised in Miami, Florida, and is a Harvard alum, graduating in 1992, magna cum laude.

Jackson worked as a staff reporter after graduation from 1992–1993 for Time Magazine, and then later returned to Harvard Law School as a supervising editor of the Harvard Law Review. She graduated with a Doctor of Law in 1996, cum laude.

After law school, Jackson served as a law clerk for several judges, including potential associate justice predecessor Stephen Breyer, worked in private legal practice, and served as vice-chair of the United States Sentencing Commission from 2010–2014, per nomination from President Obama.

In September 2012, President Obama nominated Jackson again to serve as a judge for the United States District Court for the District of Columbia, a seat vacated by retiree Judge Henry H. Kennedy Jr. American politician, Paul Ryan who is also a relative to Jackson through marriage introduced her at the December 2012 confirmation hearing:

“Our politics may differ, but my praise for Ketanji’s intellect, for her character, for her integrity, it is unequivocal.”

Jackson was confirmed by the full Senate in March 2013 and sworn in by Justice Breyer in May 2013.

During her time in the District Court, Jackson passed down several decisions unfavorable to the Trump administration, while some of these decisions were unanimously reversed, Jackson continued to stand on the conviction of her philosophy which holds: “no one is above the law.”

In March 2021, Biden announced his plans to nominate Jackson as United States circuit judge for the U.S. Court of Appeals. During her hearing, Jackson was questioned about several rulings against the Trump administration.

“Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings.”

Jackson was confirmed in a 53–44 vote on June 14th, 2021, and received her commission on June 17th, 2021.

Kentaji Brown Jackson’s seat at the highest court will be a historic one. If confirmed, Jackson would be the first Black woman to sit on the Supreme Court as well as the third African American. Thurgood Marshall became the first Black associate justice in August 1967 and was succeeded by the second Black associate justice, Clarence Thomas in October 1991.

Though Jackson’s nomination is currently pending before the Senate Judiciary Committee, Jackson has already navigated political waters few Black women have. However, the criticism of Jackson’s potential seat at the highest court is a call to response all too familiar.

On March 2nd, 2022, Fox commentator Tucker Carlson demanded that Biden release Ketanji Brown Jackson’s Law School Admission Test (LSAT) score.

“So it might be time for Joe Biden to let us know what Ketanji Brown Jackson’s LSAT score was.”

“How did she do on the LSATs? Why wouldn’t you tell us that? That would settle the question conclusively as to whether she’s a once-in-a-generation legal talent.”

“It would seem like Americans in a democracy have a right to know that and much more before giving her a lifetime appointment.”

In contemporary terms: Tucker demanded that Jackson “show her papers.”

Black women have a historical and systemic journey with establishing their rights and independence. Black women used the courts, documents, and actions to liberate themselves from many institutions of slavery. Women like Belinda Sutton, who went to the highest court in February 1783 and filed a petition just to substantiate her status and freedom in America. After several years of submissions and documentation, Sutton was awarded freedom and annual pension in 1793.

Like many after Belinda Sutton, Black women continued to produce papers, petitioning for their freedom, independence, and rights. It was very much understood that filing petitions and producing papers tested the boundaries of slavery and the limits of their freedom. But they did it anyway.

Black women aren’t new to the Tucker Carlson’s of the world.

From petitioning the highest court to sitting at the highest court, we’re not just true to this. We’re rooted in this.

However, the truth is: this isn’t 1783. Kentaji Brown Jackson doesn’t need to submit, produce, or provide anything to substantiate her seat at the Supreme Court nor does she need to satisfy the curiosities of racist critics like Carlson.

The same Tucker Carlson who by the way, settled into a career as a journalist after his C.I.A. application was denied.

Show us Jackson’s papers?

You first, Tucker. You first.

Jackson has been persistently questioned about her decisions, philosophies, rulings, cases, etc at every turn in her extensive law and political career. She’s been expected to substantiate herself in America many times over. The recent criticism and demand for validation and documentation are no different.

We don’t quite know yet what’s in store for Kentaji Brown Jackson at the highest court. Her legal philosophy and case rulings seem to align with progressive, — but liberal-leaning minds, — similar to associate Justice Breyer, who Jackson is nominated to replace.

For Republicans, specifically, Mitch McConnell who blocked Obama’s 2016 nominee Merrick Garland, but oversaw the confirmation of Donald Trump’s three conservative justices, Republicans look to have few options this time around. Democrats have the ability to confirm Jackson without Republicans, in a 50–50 split, with VP Kamala Harris breaking a tie vote.

Jackson may be many things the Tucker Carlsons of the world don’t desire.

However, one thing is certain: Kentaji Brown Jackson isn’t just anybody.

And irrespective of historical controversies and criticism in Black Supreme Court selections, the U.S Supreme Court doesn’t just select anybody.

However, unfortunately in the world of Tucker Carlson journalism, it is clear that they do.

QUINTESSA is a Freelance Writer & Journalist|#WEOC member & moderator| Blacktivist|Writer & Editor for Cultured, WEOC, The Case for the 1619 Project, and AfroSapiophile Publications | Bylines in GEN, Momentum, and midnight & indigo.