Abstract

In February 2022, President Joseph Biden announced his nomination of Ketanji Brown Jackson to serve as an associate justice on the U.S. Supreme Court. In doing so, he said this:

For too long, our government, our courts haven’t looked like America. And I believe it’s time that we have a Court that reflects the full talents and greatness of our nation with a nominee of extraordinary qualifications and that we inspire all young people to believe that they can one day serve their country at the highest level.

In the following days, Jackson’s nomination was discussed with enthusiasm, much like the historic first nominations of Sandra Day O’Connor and Thurgood Marshall. But like other female nominees and nominees of color, Jackson’s nomination and subsequent hearing before the Senate Judiciary Committee was tainted with racial and gendered attacks.

In this article, we situate Jackson’s experience within a broader discussion of how race, ethnicity, and gender have affected the construction of the U.S. Supreme Court over time. Specifically, we examine the historic role race and gender has played in the presidential selection process, and the ongoing effect race and gender have on the nominees’ experiences before the Senate Judiciary Committee.

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