The US Supreme Court will finally include a Black female Justice for the first time in its 233-year history after the Senate confirmed Justice Ketanji Brown Jackson to the nine-member bench.

Three Republicans crossed the aisle to seal her appointment by a vote of 53 to 47. Justice Jackson’s appointment has also fulfilled President Joe Biden’s campaign promise to put a Black-American woman on the court.

The Majority Leader, Chuck Schumer, called it a “joyous day” for the US. The vote was overseen by Vice-President Kamala Harris, who is also the first Black-American woman to hold the office of Vice President.

Mrs. Jackson, 51, is expected to replace Justice Stephen Breyer, a fellow Liberal Judge to whom she once clerked, upon his retirement in June 2022. With this feat, she becomes the 116th Justice of the Supreme Court.

Senate Majority Leader, Chuck Schumer, just before the final vote said “Today, we are taking a giant, bold and important step on the well-trodden path to fulfilling our country’s founding promises. This is a great moment for Judge Jackson. But it is an even greater moment for America as we rise to a more perfect union”.

Senator Lisa Murkowski of Alaska, one of three Republicans who voted in favour of Justice Jackson disclosed that this decision rested, in part, as a “rejection of the corrosive politicisation” that has come to shape the confirmation process. The new Justice “will bring to the Supreme Court a range of experience from the courtroom that few can match given her background in litigation,” Murkowski said.

Less Ideological Impact

The lifetime appointment will likely see Mrs. Jackson on the bench for decades. However, her presence will do little to tilt the ideological balance of the high court, which is dominated by a 6-3 Conservative Majority. But it does mean for the first time in the court’s history that white men are in the minority.

Mrs. Jackson averred she has a “methodology” to deciding cases but not an all-embracing philosophy. Additionally, she agreed with Republican Senators about the importance of abiding by the text of the Constitution, as it was intended by the founders. During her confirmation, Democrats touted her experience working as a Public Defender. She will be the first Supreme Court Justice since Thurgood Marshall, the first Black-American Supreme Court Justice to have career experience representing criminal defendants.

Her Experience in the Past

Justice Ketanji Brown Jackson, a Washington DC native, currently sits on the US Court of Appeals for the DC Circuit. She has two degrees from Harvard University and once served as editor of the Harvard Law Review. She worked as a Public Defender in Washington before joining a private practice prior to her judicial appointments.

Some Republicans had issues with clients Mrs. Jackson took on as a Public Defence Lawyer, citing terrorism suspects held at Guantanamo Bay, of which some accused her of being soft on crime. Others, however, applauded the diversity of experience her legal career would bring to the bench over the course of what was described as “a highly fractious and almost an entirely polarised six-week” confirmation process.

The top court plays a crucial role in American public life and is often the last word on highly contentious laws and disputes between States and the Federal Government. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.