Jackson grew up in Miami and attended Miami Palmetto Senior High School.[11] She distinguished herself as a champion debater,[12] winning the national oratory title at the National Catholic Forensic League championships in New Orleans during her senior year.[13] She has recalled her experience with high school debate as one "that I can say without hesitation was the one activity that best prepared me for future success in law and in life."[14] In 1988, Jackson graduated from Palmetto as senior class president.[12][15] In her high school yearbook, she was quoted as saying that she wanted "to go into law and eventually have a judicial appointment".[16]
After high school, Jackson matriculated at Harvard University to study government, having applied despite her guidance counselor's advice to set her sights lower.[17] She took classes in drama and performed improv comedy, forming a diverse friend group.[18][19] As a member of the Black Students Association, she led protests against a student who displayed a Confederate flag from his dormitory window and protested the lack of full-time professors in the Afro-American Studies Department. While a freshman, Jackson enrolled in Michael Sandel's course Justice, which she has called a major influence during her undergraduate years.[19] She graduated from Harvard in 1992 with a Bachelor of Arts, magna cum laude.[20][12] Her senior thesis was titled "The Hand of Oppression: Plea Bargaining Processes and the Coercion of Criminal Defendants".[21]
On July 23, 2009, President Obama nominated Jackson as vice chair of the United States Sentencing Commission.[32][33] The Senate Judiciary Committee favorably reported her nomination by voice vote on November 5, 2009. The Senate confirmed her nomination by voice vote on February 11, 2010.[34] She succeeded Michael E. Horowitz, who had served from 2003 until 2009. Jackson served on the Sentencing Commission until 2014.[35][26] During her time on the commission, it retroactively amended the sentencing guidelines to reduce the guideline range for crack cocaine offenses,[36] and enacted the "drugs minus two" amendment, which implemented a two offense-level reduction for drug crimes.[37]
On September 20, 2012, Obama nominated Jackson to serve as a United States district judge for the District of Columbia to the seat vacated by retiring judge Henry H. Kennedy Jr.[38] Republican U.S. Representative Paul Ryan, a relative by marriage, introduced Jackson at her December 2012 confirmation hearing and said, "Our politics may differ, but my praise for Ketanji's intellect, for her character, for her integrity, it is unequivocal."[8] On February 14, 2013, the Senate Judiciary Committee favorably reported her nomination by voice vote.[39] She was confirmed by the Senate by voice vote on March 22, received her commission on March 26,[26] and was sworn in by Justice Breyer in May.[40] Her service as a district judge ended on June 17, 2021, when she was elevated to the court of appeals.[26]
During her time on the district court, Jackson wrote multiple decisions adverse to the positions of the Trump administration. In her opinion ordering Trump's former White House counsel Don McGahn to comply with a legislative subpoena, she wrote that "presidents are not kings".[41] Jackson handled a number of challenges to executive agency actions that raised questions of administrative law. She also issued rulings in several cases that gained particular political attention.[42]
Bloomberg Law reported in spring 2021 that conservative activists were pointing to certain decisions by Jackson that had been reversed on appeal as a "potential blemish on her record".[43] In 2019, Jackson ruled that provisions in three Trump executive orders conflicted with federal employee rights to collective bargaining. Her decision was reversed unanimously by the D.C. Circuit. The D.C. Circuit also reversed another 2019 decision, involving a challenge to a Department of Homeland Security decision to expand the agency's definition of which non-citizens can be deported. Alliance for Justice President Nan Aron defended Jackson's record, saying she "has written nearly 600 opinions and been reversed less than twelve times".[43]
In Pierce v. District of Columbia (2015), Jackson ruled that the D.C. Department of Corrections violated the rights of a deaf inmate under the Americans with Disabilities Act because jail officials failed to provide the inmate with reasonable accommodations, or to assess his need for reasonable accommodations, during his detention in 2012. She held that "the District's willful blindness regarding" Pierce's need for accommodation and its half-hearted attempt to provide Pierce with a random assortment of auxiliary aids—and only after he specifically requested them—fell far short of what the law requires."[47]
In April and June 2018, Jackson presided over two cases challenging the Department of Health and Human Services' decision to terminate grants for teen pregnancy prevention programs two years early.[48] She ruled that the decision to terminate the grants early without explanation was arbitrary and capricious.[49]
In American Federation of Government Employees, AFL-CIO v. Trump (2018), Jackson invalidated provisions of three executive orders that would have limited the time federal employee labor union officials could spend with union members, the issues that unions could bargain over in negotiations, and the rights of disciplined workers to appeal disciplinary actions. She ruled that the executive orders violated the right of federal employees to collectively bargain, as guaranteed by the Federal Service Labor-Management Relations Statute.[50] The D.C. Circuit vacated this ruling on jurisdictional grounds in 2019.[51][52]
In 2019, Jackson issued a preliminary injunction in Make The Road New York v. McAleenan, blocking a Trump administration rule that would have expanded expedited removal ("fast-track" deportations) without immigration court hearings for undocumented immigrants.[58] She found that the U.S. Department of Homeland Security had violated the Administrative Procedure Act (APA) because its decision was arbitrary and capricious and the agency did not seek public comment before issuing the rule.[59] In a 2–1 ruling in 2020, the D.C. Circuit reversed the entry of the preliminary injunction, ruling that the IIRIRA (by committing the matter to the executive branch's "sole and unreviewable discretion") precluded APA review of the decision.[60]
In 2019, Jackson issued a ruling in Committee on the Judiciary of the U.S. House of Representatives v. McGahn, in which the House Committee on the Judiciary sued former White House CounselDon McGahn to compel him to comply with the subpoena to appear at an impeachment inquiry hearing on issues of alleged obstruction of justice by the Trump administration. McGahn declined to comply with the subpoena after President Donald Trump, relying on a legal theory of executive testimonial immunity, ordered McGahn not to testify. In a lengthy opinion, Jackson ruled in favor of the House Committee and held that senior-level presidential aides "who have been subpoenaed for testimony by an authorized committee of Congress must appear for testimony in response to that subpoena" even if the president orders them not to do so.[61] Jackson rejected the administration's assertion of executive testimonial immunity by holding that "with respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist".[62] According to her, that conclusion was "inescapable precisely because compulsory appearance by dint of a subpoena is a legal construct, not a political one, and per the Constitution, no one is above the law."[62][63][64] Jackson's use of the phrase "presidents are not kings" gained popular attention in subsequent media reporting on the ruling.[65][66][67][68] Noting that she took four months to resolve the case, including writing a 120-page opinion, The Washington Post wrote: "That slow pace contributed to helping Mr. Trump run out the clock on the congressional oversight effort before the 2020 election."[8] The ruling was appealed by the United States Department of Justice,[69] and the D.C. Circuit affirmed part of Jackson's decision in August 2020.[70] While the case remained pending, on June 4, 2021, McGahn testified behind closed doors under an agreement reached with the Biden administration.[71]
On April 28, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[75] During her confirmation hearing, Jackson was questioned about several of her rulings against the Trump administration.[76] On May 20, Jackson's nomination was reported out of committee by a 13–9 vote.[77] On June 8, Majority Leader Chuck Schumer filed cloture on her nomination. On June 10, the Senate invoked cloture on her nomination by a 52–46 vote.[78] On June 14, her nomination was confirmed by a 53–44 vote. Republican senators Susan Collins, Lindsey Graham, and Lisa Murkowski joined all 50 Democrats in voting to confirm Jackson.[79] She received her judicial commission on June 17, 2021.[80] On September 28, 2022, Jackson was assigned as the circuit justice for the First Circuit.[81] Her service as a circuit judge ended on June 29, 2022, the day before she was sworn in as an Associate Justice of the United States Supreme Court.[26]
During her time on the Circuit Court Jackson authored two majority opinions, American Federation of Government Employees v. FLRA and Wye Oak Technology, Inc. v. Republic of Iraq.[82] In American Federation of Government Employees, her first written opinion for the court of appeals, Jackson, joined by the rest of the panel, wrote that a 2020 FLRA law change which permitted collective bargaining negotiations with unions only when the negotiated working condition changes constituted a "substantial impact", stood in violation with U.S. Code 5 § 706.[83] In her opinion, Jackson rejected arguments that the de minimis standard was both 'unpredictable' in its application and inconsistent with federal labor law.[84][85] In addition, Jackson argued that the replacement standard failed to be affirmatively more successful when compared to the de minimis standard as there was no comparative analysis between the two and could therefore not be justifiably replaceable.[84] Concluding her opinion, Jackson went on to write: "The cursory policy statement that the FLRA issued to justify its choice to abandon thirty-five years of precedent promoting and applying the de minimis standard and to adopt the previously rejected substantial-impact test is arbitrary and capricious,".[86]
In early 2022, news outlets speculated that Biden would nominate Jackson to the U.S. Supreme Court to fill the seat vacated by Justice Breyer.[91][92][93][94] Biden pledged during the 2020 United States presidential election campaign to appoint a black woman to the court should a vacancy occur.[91] Jackson's appointment to the D.C. Circuit, considered the second-most influential federal court, was viewed as preparation for a potential promotion to the Supreme Court.[95]
Jackson's potential nomination to the Supreme Court was supported by civil rights and liberal advocacy organizations.[96] Her potential nomination was opposed by Republican Party leaders and senators.[97][98][99]The Washington Post wrote that Jackson's experience as a public defender "has endeared her to the more liberal base of the Democratic Party".[100] While her supporters have touted her history as a public defender as an asset, during her 2021 confirmation hearing, Republicans tried to cast it as a liability.[31]
On February 25, 2022, Biden announced that Jackson was his nominee to be an associate justice of the Supreme Court.[101] Her nomination was sent to the Senate on February 28.[102] Her confirmation hearing before the Senate Judiciary Committee was held on March 21.[103] After the Judiciary Committee deadlocked on her nomination by an 11–11 vote, the Senate discharged the committee from further consideration of her nomination by a 53–47 vote.[104][105][106][107] The next day, the Senate proceeded to the consideration of her nomination by a 53–47 vote,[108] and Majority Leader Chuck Schumer then filed cloture on her nomination.[109] On April 7, the Senate invoked cloture on her nomination by a 53–47 vote.[110][111] Later that day, she was confirmed by the same margin.[112] Republicans Mitt Romney, Lisa Murkowski, and Susan Collins joined all Democrats in confirming Jackson to the Supreme Court.[113] She received her judicial commission as an associate justice on April 8.[26] She was sworn in and became an associate justice at noon on June 30, 2022, when Breyer's retirement went into effect.[114][115][116][117]
The Supreme Court released its final merit opinions on the morning of June 30, 2022. At noon, Breyer officially retired and Jackson was sworn in, becoming the first Black woman[14][12] and the first former federal public defender to serve on the Supreme Court.[118][119][120][121]
On July 21, Jackson voted on her first Supreme Court case, joining the dissent in a 5–4 decision refusing to block a district court ruling that prevented the Biden administration from setting new enforcement priorities for immigrants entering the U.S. or living in the country illegally.[122] She participated in her first oral argument as an associate justice on October 3, in Sackett v. Environmental Protection Agency.[123] On November 7 she wrote her first opinion, a two-page dissent from a denial of review in the case of a death row inmate in Chinn v. Shoop; the opinion was joined by Justice Sotomayor.[124]
Two contributors to SCOTUSBlog noted that, since joining the Court at the beginning of the 2022 term, Jackson was the most active participant in oral arguments, speaking an average of 1,350 words per argument, while the eight other justices each spoke on average fewer than 1,000.[125] On February 28, 2023, Jackson authored her first majority opinion for a unanimous court in Delaware v. Pennsylvania, which involved how unclaimed money from MoneyGrams are distributed among individual states.[126]
On June 1, 2023, Jackson wrote the sole dissenting opinion in Glacier Northwest, Inc. v. Teamsters, concerning the power of employers to sue labor unions regarding the destruction of employer property following a strike.[127] In her opinion, she argued that further deference to the National Labor Relations Board was justified given the precedent of cases such as San Diego Building Trades Council v. Garmon that stipulate that the NLRA preempts state law when the two conflict.[128][129] Jackson further contended that the majority opinion failed "Congress's intent with respect to the Board's primary role in adjudicating labor disputes", with its deference to state actions risking "erosion of the right to strike".[130] In her conclusion, she emphasized these points, writing: "Workers are not indentured servants, bound to continue laboring until any planned work stoppage would be as painless as possible for their master. They are employees whose collective and peaceful decision to withhold their labor is protected by the NLRA even if economic injury results".[131]
On June 13, 2024, Jackson wrote an opinion, concurring in part and dissenting in part, in Starbucks Corporation v. McKinney.[132] In it, she agreed that the case should be reheard in the lower courts using the four criteria tests of Winter v. Natural Resources Defense Council, but argued that the majority failed to follow the NLRA's directives of court deference to NLRB authority in labor disputes.[133][134] Arguing that the court was failing to issue proper deference to the NLRB, Jackson wrote, "I am loath to bless this aggrandizement of judicial power where Congress has so plainly limited the discretion of the courts, and where it so clearly intends for the expert agency it has created to make the primary determinations".[135][136]
Jackson has said she does not have a particular judicial philosophy,[142] but rather has a perspective on legal analysis or a "judicial methodology".[143][144] Though she has not embraced the label, Jackson has expressed that she sees value in originalism, saying the "Constitution is fixed in its meaning", and has explicitly criticized living constitutionalism.[144]
In January 2022, The New York Times reported that Jackson had "not yet written a body of appeals court opinions expressing a legal philosophy" because she had joined the U.S. Court of Appeals for the D.C. Circuit in the summer of 2021. However, The Times said, Jackson's earlier rulings "comported with those of a liberal-leaning judge", including her opinions blocking various Trump administration actions.[8] Additionally, a review of over 500 of her judicial opinions indicated that she would likely be as liberal as Breyer, the justice she replaced.[145]
According to Sahil Kapur, writing for NBC News, "Jackson fits well with the Democratic Party and the progressive movement's agenda" due to her relative youth, background as a public defender, and history of labor-friendly rulings.[146]
Politico reported that "Jackson is popular with liberal legal activists looking to replace Breyer with a justice willing to engage in ideological combat with the court's conservatives."[147]
In 1989, while Jackson was an undergraduate at Harvard, her uncle Thomas Brown Jr. was sentenced to life in prison for a nonviolent cocaine conviction after federal agents found 14 kilograms of cocaine wrapped in duct tape. Years later, Jackson persuaded a law firm to take his case pro bono, and President Barack Obama eventually commuted his sentence.[96][159]
Lovely One (2024). Jackson, Ketanji Brown (September 3, 2024). Lovely One: A Memoir (First hardcover ed.). New York: Random House. ISBN9780593729908. OCLC1452735147.
^Her husband's twin brother (i.e. her brother-in-law) is married to Ryan's wife's sister (i.e. his sister-in-law).
^ abThe Harvard Law Review publishes its student contributions as "notes" without stating the author's name as part of a policy reflecting "the fact that many members of the Review besides the author make a contribution to each published piece." About the Harvard Law Review", accessed April 9, 2022.
^"Capitol Hill Hearing - Nominations"(PDF). Senate Judiciary Committee. Federal News Service. October 7, 2009. Archived(PDF) from the original on January 26, 2021. Retrieved January 10, 2021.
Braun, Julie A. (2022). Unland, James J. (ed.). "Ketanji Brown Jackson: Legal Philosophy of a Rookie Supreme Court Justice". Journal of Health Care Finance (published October 3, 2022). doi:10.2139/ssrn.4063023. SSRN4242313.
Phillips, James Cleith (September 27, 2022) [27 March 2022 (posted)]. "The Linguistic Style of Judge Ketanji Brown Jackson". Penn State Law Review. 127 (1). SSRN4063023.
Bradley, Christy; Roland, James (Summer 2022). "Critical Thinkers for a Critical Time: Debate as a Foundation for Youth Civic Engagement". National Civic Review. 111 (2): 14–22. JSTOR48680128.
Bowles, Dorcas Davis; Hopps, June Gary; Strickland, Christopher (Summer 2022). "Two Firsts: A Brief Glimpse into the Lives of the First Woman-Sandra Day O'Connor and the First Black Woman- Ketanji Brown Jackson to Serve on the Supreme Court of the United States". Phylon. 59 (1). Clark Atlanta University: 49–70. JSTOR27150914.