Biden creates Supreme Court buzz with presidential candidates

President BidenJoe Biden The Hill’s Morning Report – Biden officials brace for worst despite vaccine data Congress seeks to curb Biden’s war powers Democrats grab the franchise; GOP screams scandal MORE Tuesday appointed Ketanji Brown Jackson to fill Merrick garlandMerrick Garland Nearly 500 accused of pandemic fraud: DOJ Garland expected to oppose Biden’s efforts to revive controversial ‘slush fund’ practice Rachel Maddow questions Cornyn’s connection to Gupta MOREThe vacant DC Circuit Court of Appeals seat in its first list of judicial appointments, instantly creating a buzz about Jackson’s prospects for a potential Supreme Court appointment down the line.

If confirmed by the Senate, Jackson will be one of the few black women on the nation’s appeal benches, which will likely secure her a spot on any selection lists for the high court given Biden’s commitment. to appoint the first female black judge.

Jackson, who is currently a judge in the Washington Federal District Court, was previously considered for the Supreme Court in 2016 when former President Obama was seeking a candidate following the death of Justice Antonin Scalia.

Although she served as a district court judge for only three years at the time, Jackson was on Obama’s shortlist and was reportedly among the few elected to have met the president. Ultimately, however, Garland was nominated for the Scalia seat, only to be blocked by Senate Republicans who refused to consider his nomination during a presidential election year.

Jackson was one of a diverse list of 11 candidates for justice that were announced by the White House on Tuesday, and it didn’t take long for legal watchers to start speculating on his next promotion.

“I think there’s no question that Judge Jackson brings a tremendous track record as a lawyer and judge, besides being a black woman, which the court never had. The Supreme Court has also not had a lawyer who has represented criminal defendants since Thurgood Marshall, and therefore as a public defender, it would also bring this important perspective to the court, ”said Christopher Kang, co-founder of the group. progressive Demand Justice and former MP. lawyer in the Obama White House.

“There is no doubt that people are right to talk about her in the Supreme Court, but I think that at least for today [they should] Stop for a moment to think about how important she was nominated for the DC circuit, ”Kang added.

With Tuesday’s announcement, Jackson is able to fill the seat left vacant by the current attorney general in the nation’s second-most important court, where a disproportionate number of current and former Supreme Court justices have served immediately before. to be brought up to the high court.

The White House is pushing Jackson’s appointment as part of its effort to diversify the federal judiciary, both in terms of demographics and professional background.

“The nominees announced today reflect @potus’ commitment to the highest standards of qualifications, integrity and fairness – while also representing a paradigm shift in the types of people who can see themselves. on the federal judiciary “, Jen psakiJen PsakiCongress seeks to curb Biden’s war powers Democrats seize voting rights; GOP Cries Money Over: CDC Extends Coronavirus Deportation Ban Until June 30 | Biden to detail his infrastructure proposal on Wednesday | U.S. won’t quickly lift Trump tariffs on China MOREthe White House press secretary said in a tweet.

Progressive groups pushed Biden and Senate Democrats to make justice a top priority after years of staring at the old President TrumpDonald Trump The Hill’s Morning Report – Biden officials brace for worst despite vaccine data Trump launches ’45th President’s official website’ Judge rules Ohio professor can sue university for not using the student’s preferred pronoun PLUSsuccess in filling the courts with young conservative lawyers.

Liberal activists now argue that the administration must counter Trump’s legacy by pushing his Senate candidates at a rapid pace, but also by selecting judges who will add diversity to a justice system dominated by former prosecutors and lawmakers. veterans of large law firms. .

In contrast, there is a glaring disparity in the number of federal judges who have served as public defenders, civil rights attorneys, labor advocates, or consumer rights advocates. Progressives say the imbalance has helped create a landscape where the law is increasingly interpreted in favor of the rich and powerful.

“Thanks to the tireless work of activists and organizers across the country who have spent years sounding the alarm bells about the ways in which justice has harmed the most vulnerable in our country, we are now witnessing the appointment of judges. who represent the best of the legal profession. Molly Coleman, executive director of the progressive legal group People’s Parity Project, said in a statement.

“By announcing this historic slate of candidates so early in his administration, Joe Biden is showing that he is not going to sit idly by and watch the judiciary undermine progress in this country,” she added.

For those who push Biden to approach justice differently from his predecessors, Jackson is the ideal candidate for such a prestigious seat.

Prior to her confirmation for DC District Court in 2013, Jackson served on the US Sentencing Commission from 2010, where she helped implement sentencing reforms that closed the sentencing disparity between crack and powder cocaine offenses.

Prior to joining the Obama administration, Jackson worked in both private practice and the public sector, including a stint in the Office of the Federal Public Defender in Washington.

After graduating from Harvard Law School in 1996, Jackson was appointed a justice of the Supreme Court. Stephen breyerStephen Breyer Recalling Ted Kennedy Highlighting Decline of the Senate, Supreme Court Explores Extent of Tribal Police Authority Barrett Writes First Supreme Court Majority Opinion Against Environmental Group READ MORE, who at 82 is the oldest of the three Liberal judges and has faced calls from some Democrats to retire to pave the way for a youngster appointed while Biden is in office.

As a judge during the Trump era, Jackson presided over several high-profile cases involving the former president and his administration. Her most publicized decision came in December 2019, when she ruled that former White House lawyer Don McGahn should comply with a House subpoena to request his testimony.

In a 120-page opinion, Jackson dismissed Trump’s extensive White House legal arguments claiming the far-reaching executive branch allowed them to order McGahn to disregard the subpoena.

“Simply put, the main takeaway from the past 250 years of recorded American history is that presidents are not kings,” Jackson wrote. “This means that they have no subjects, bound by loyalty or blood, whose fate they have the right to control. On the contrary, in this land of freedom, it is indisputable that current and former White House employees work for the people of the United States and take an oath to protect and defend the Constitution of the United States. Additionally, as citizens of the United States, current and former high-level presidential assistants have constitutional rights, including the right to free speech, and they retain those rights even after their return to privacy. .

Jackson has been unanimously confirmed by the Senate twice during her career, once for the seat of the district court and once for her post on the sentencing commission. It’s unclear if Republicans will oppose her this time around.

For their part, Democrats are pledging to put Jackson and other justice candidates first after seeing their GOP counterparts confirm Trump’s judges in a near-record clip in the past four years.

“The Senate will work quickly to confirm President Biden’s remarkable and accomplished judicial choices,” said Senate Majority Leader Charles SchumerChuck SchumerSchumer Goes into Re-Election Mode The Shame That Was Biden’s Press Conference Democrats Act To Crush Rise And Threat Of Red States READ MORE (DN.Y.) said in a statement.

“America is so much better when our rich diversity is reflected in all aspects of society, especially in our justice system,” he said. “We will have hearings and confirm that judges will fill the growing number of federal judicial vacancies and significantly lessen the influence of Donald Trump’s unqualified right-wing judges.