Know a Nominee: Judge Ketanji Brown Jackson to the D.C. Circuit Court of Appeals

UPDATE 6/14/21

• The Senate vote 53-44 to confirm Judge Ketanji Brown Jackson as a U.S. Circuit Judge on the D.C. Circuit.
• All Democrats were joined by Republican Sens. Susan Collins (R-ME), Lindsey Graham (R-SC), and Lisa Murkowski (R-AK) by voting in favor.
• Jackson will take her seat on the bench after receiving a judicial commission for her new role, at which time she will vacate her seat as district judge for the District of D.C.

UPDATE - 6/10/21

• The Senate voted 52-46 on Thursday to limit debate on Judge Ketanji Brown Jackson’s nomination to serve as a judge on the D.C. Circuit Court of Appeals. All Democrats plus Sens. Susan Collins (R-ME), Lindsey Graham (R-SC), and Lisa Murkowski (R-AK) voted in favor.
• A confirmation vote is expected to occur when the Senate reconvenes on Monday, June 14th.

The Senate is expected to consider the nomination of Judge Ketanji Brown Jackson to serve as a judge on the District of Columbia Circuit Court of Appeals in the near future. Here’s what you need to know about the nominee:

Who is Judge Ketanji Brown Jackson?

• Jackson, 50, is a federal judge of the U.S. District Court for the District of Columbia. She has served on the bench since March 2013 after she was confirmed by the Senate on a voice vote.
• Perhaps the most notable case she has been involved in at the district court level was House Judiciary Committee v. McGahn, in which members of Congress sued Don McGahn, who was White House Counsel during the Trump administration, in an attempt to compel his testimony before an impeachment inquiry into obstruction of justice.
• Jackson rejected the administration’s argument of executive testimonial immunity and wrote a lengthy opinion that gained media attention for her statement that “presidents are not kings”. The court ruled in the House’s favor, although the ruling has been appealed by the Justice Dept.
• Jackson earned her undergraduate degree with honors from Harvard University in 1992 and her law degree with honors from Harvard Law School in 1996. She was an editor of the law review in law school.
• She served as a law clerk for three federal judges, including Judge Patti Saris in the District of Massachusetts (1996-97), Judge Bruce Selya of the Fifth Circuit Court of Appeals (1997-98), and Supreme Court Justice Stephen Breyer (1999-2000).
• Jackson worked in private law practice before and after her clerkships. She then worked as a special counsel to the U.S. Sentencing Commission from 2003-05 and an assistant federal public defender in the D.C. Circuit Court of Appeals from 2007-10. 
• Jackson was then appointed by President Barack Obama to be vice chair of the Sentencing Commission in 2010 and confirmed by unanimous consent, she served in the role until her appointment to the bench. During her time on the commission it reduced the guideline sentencing range for crack cocaine offenses and reduced a two offense-level reduction for drug crimes.

What’s the outlook for her confirmation?

• The Senate Judiciary Committee advanced Jackson’s nomination to the circuit court on a vote of 13-9 with all Democrats joined by Sens. John Cornyn (R-TX) and Lindsey Graham (R-SC) who also voted in favor.
• Jackson’s nomination to the circuit court is considered to be a possible prelude to a future Supreme Court nomination if a vacancy occurs while a Democrat is serving as president. She is widely considered to be on President Joe Biden’s Supreme Court short-list.
• Republican senators pressed her on her rulings at the district court level and pushed back on the suggestion that support for Jackson’s circuit court nomination necessarily locks them into supporting her if she’s eventually nominated for the Supreme Court.
• The American Bar Association's judicial nomination rating panel gave Jackson a unanimous rating of "well qualified."

What does it mean for the D.C. Circuit?

• Jackson’s confirmation would fill a position on the D.C. Circuit Court of Appeals that became vacant on March 11, 2021, after Merrick Garland retired from the bench following his confirmation as U.S. attorney general.
• The D.C. Circuit is located in Washington, D.C., and because its jurisdiction includes Congress and many federal agencies, it deals with an extensive caseload related to constitutional & administrative law. It’s considered one of the most prominent courts in the U.S. and second only to the U.S. Supreme Court.
• The D.C. Circuit has 11 active judgeships. Of the 10 judges currently on the bench, one was appointed by George H.W. Bush, three by Bill Clinton, three by Barack Obama, and three by Donald Trump.

— Eric Revell

(Photo Credit: iStock / imaginima)