On April 7, the United States Senate confirmed the appointment of Federal Judge Ketanji Brown Jackson to the Supreme Court. Brown Jackson was supported by 53 senators, including 50 Democrats and three Republicans, and 47 GOP senators rejected the nomination. She may take office only in October, after the summer break in the northern hemisphere.

President Joe Biden appointed Judge Jackson on February 25. At the time, Biden was fulfilling his promise to his constituents to nominate the first African-American woman to the country's Constitutional Court of Justice. On January 27, according to Reuters, Biden announced that he would nominate a black woman to the position. According to him, “While I've been studying candidates' backgrounds and writings, I've made no decision except one: the person I nominate will be someone with extraordinary qualifications, character, experience and integrity - and that person will be the first Black woman ever nominated to the United States Supreme Court.”

Judge Ketanji Brown Jackson was born on September 14, 1970, in Washington, DC, and her family moved to Florida as a child. Her parents graduated from historically black colleges and universities. Her father, Johnny Brown, was a lawyer who eventually became the chief attorney for the Miami-Dade County School Board. Her mother, Ellery, served as a school principal at the New World School of the Arts. Jackson earned a law degree from Harvard University, worked as an attorney and later as a federal public defender and judge in the United States District Court for the District of Columbia, where she remained until her appointment to the Supreme Court.

An interesting feature to be highlighted in  Jackson's biography is that she is the only Protestant Church judge in the current composition of the Supreme Court. Currently, six of the nine judges are Roman Catholic, two Jewish, and one Anglican/Catholic. She will replace Jewish Judge Stephen Breyer. This aspect is interesting if we consider that, despite being the largest religious affiliation in the United States in isolation, the Catholic Church represents only 21% of the population, while Protestants account for 41%. In this regard, the Protestant portion of the population is still underrepresented in the Supreme Court.

Ketanji Brown Jackson will replace Judge Stephen Breyer, who will retire. Jackson's election does not alter the balance of forces within the Supreme Court. Six judges are identified as conservative (John Roberts, Brett Kavanaugh, Amy Coney Barrett, Neil Gorsuch, Samuel Alito, and Clarence Thomas), and three as liberal (Sonia Sotomayor, Elena Kagan, and Stephen Breyer). This conservative majority has hampered the implementation of many policies defended by Biden, such as those related to immigration and containment of the Covid-19 pandemic. There are fears among social movements that this majority could threaten the right to abortion, approved in 1973.

The appointment of Jackson fomented greater polarization between Democrats and Republicans on the issue of equality and representation in the United States. The conservative sectors insinuated that Biden adopted a policy of “quotas” by appointing a black female judge to the Supreme Court. They also brought to light the debate on the themes of the so-called “cultural war,” which opposes the traditionalist and religious sectors to the more liberal segments, especially about the Critical Racial Theory (CRT). According to this theory, racism in American society is structural and needs to be faced, hence the role of the educational system, that should bring to light the perspective of marginalized populations, especially the part of the enslaved population. Governors like Ron DeSantis (R-FL) and Greg Abbott (R-TX) tried to ban this perspective in their states. 

Ted Cruz (R-TX), during a hearing at the Senate Justice Commission, sought to frame the candidate as a supporter of CRT and tried to discredit Ketanji Brown Jackson in several ways in his pleading. According to The Hill, Cruz asked Jackson to explain to the Committee Judiciary (composed mostly of white people) on the meaning of the TRC. He also stated that “Critical race theory frames all of society as a fundamental and intractable battle between the races. She sees every conflict as a racial conflict.” Further on, Cruz also claimed that critical race theory originated from academic critical studies programs, particularly from professors of critical legal studies at Harvard Law School (where they both studied) “who are explicitly Marxist.”

Republicans also sought to create further embarrassment during Senate hearings with a view to confronting Democrats' positions on the gender debate, which along with abortion rights and critical race theory are part of the current culture war. According to The Rolling Stones magazine, Senator Marsha Blackburn (R-TN), during the hearing, even suggested to Jackson that white privilege does not exist in America. Later, she confronted her with the following statement: “You serve on the board of a school that teaches kindergartners, five-year-old children, that they can choose their gender, and that teaches them about so-called white privilege,” Blackburn said after bashing the “radical left.” Then, as highlighted by the US Today newspaper, she asked the candidate to explain how she defined what it meant to be a woman, to which Brown Jackson replied that she was not a biologist. Also, the Tennessee senator asked the judge if “Is it your personal hidden agenda to incorporate critical race theory into our legal system?” As we have already reported, the majority of Republicans in the Senate voted against the nomination made by Joe Biden, except for Mitt Romney (R-UT), Susan Collins (R-ME), and Lisa Murkowski (R-AL).

In the progressive field, Judge Brown Jackson's appointment was very well received, as her name brings together the defense of civil liberties, racial diversity, female, and gender equality. According to America Magazine, Senator Dianne Feinstein (D-CA) asked Judge Brown Jackson whether the Supreme Court decision, known as Roe v. Wade of 1973, which legalized abortion nationwide, was established law. Judge Jackson agreed that the court's decision was a binding precedent.

Senator Alex Padilla (D-CA), similarly to other Democratic senators, was quite friendly in making his arguments. His statement is noteworthy: “People of color often have to work twice as hard to get half the respect. If (her Republican critics) really cared about Americans’ faith in the judicial system … even if they disagreed with you on the law, you should have received bipartisan support.”

Social organizations from the Latino/Hispanic community in the United States massively supported Ketanji Brown Jackson's nomination for the Supreme Court. Despite the challenge in coordinating the social movements of Latinos and African-Americans, Judge Jackson's appointment converges with the objectives of the former, such as the defense of racial equality, social inclusion, the defense of civil and individual rights. And the political affirmation of feminist agendas.

Also, during the Senate hearings phase, Congressional Hispanic Caucus leader Raul Ruiz (D-CA) stated on March 16: “Judge Ketanji Brown Jackson, one of our nation’s brightest legal minds, must receive a swift confirmation to be an Associate Justice of the Supreme Court of the United States. “The CHC believes that Judge Jackson’s broad experience qualifies her to be a strong advocate for the rule of law as she set legal precedents to shape our nation’s judicial system, advance human rights for all, and diligently serve the people and the Constitution. As Chair of CHC, I urge the Senate to confirm Judge Ketanji Brown Jackson. We, and the nation, cannot wait for her confirmation.”

The Hispanic Heritage Foundation also issued a press release in support of Joe Biden's nomination: “Judge Jackson’s nomination to the Supreme Court is one of historical significance and illustrates the utmost importance of building a Court and a federal judiciary that reflects the vast and growing diversity of this nation joining Justice Sonia Sotomayor and others. Once confirmed to the Supreme Court, Judge Jackson will thoughtfully consider a multitude of issues impacting the Latino community. On the Court, Judge Jackson will help shape the lives of millions of Americans, including Latinos, for generations to come. The Hispanic Heritage Foundation is confident that our future is in capable hands with Judge Jackson, who will decide and rule with great respect, care, relatable real-world experience, compassion, and dignity.”

On April 7, after the Senate confirmation, Latino organizations such as Latinos for a Fair Judiciary (LFJ), Mi Familia Vota, Voto Latino, Hispanic Federation e LatinoJustice PRLDEF issued a statement celebrating the appointment of Ketanji Brown Jackson, of which we highlight the opinion of Héctor Sánchez Barba, Executive Director and CEO of the Latin organization Mi Familia Vota: "Judge Ketanji Brown Jackson is now a Supreme Court Justice. This is an incredible moment in our country's history. Judge Jackson’s commitment to advancing racial and social equity is much needed right now. Her approach to the multitude of legal issues that affect our communities — including voting rights, labor issues, criminal justice, immigration, along with many others is in line with Mi Familia Vota’s policy priorities. “We have watched the confirmation process closely and are disappointed but not surprised by conservatives attacking and distorting the new Supreme Court Justice's record. Judge Jackson’s extraordinary breadth of experience in the nation’s second-highest court, makes her a strong and qualified Supreme Court Justice."

Importantly, the appointment of the new Supreme Court justice is a necessary and significant step in the struggle of America's minorities for greater racial and social equity. However, given the current profile of the Court, in which conservatives have a large majority, political and social changes cannot be expected in the short and medium-term. It is worth remembering that even a reformist government with broad social support, such as that of Franklin D. Roosevelt, faced strong resistance from the Supreme Court to implement its New Deal. Recently, conservative judges barred initiatives by the Biden administration, such as the vaccine mandate and the change in immigration policy from Donald Trump's estate. In this sense, the appointment of Ketanji Brown Jackson will not change the current profile of decisions but will serve as a symbol of motivation for significant portions of the population still in pursue of their “American dream.”