By Matthew Kincaid
The confirmation of Judge Ketanji Brown Jackson, for the seat on the United States Supreme Court vacated by Justice Stephen Breyer, is truly historic.
Until the appointment of Thurgood Marshall in 1967, every Supreme Court justice had been white. There have only been three non-white justices out of the 115 total justices in the court’s history: Marshall, Clarence Thomas, and Sonia Sotomayor.
The effort is long overdue but it is not enough. Women of color existing in places of power is important, shifting the systems that have historically excluded them and the policies that govern those places of power is transformational.
The Importance of Representation
As a black man in America seeing a black woman confirmed to the supreme court is a watershed moment.
Although Brown Jackson is highly qualified, monumentally educated, and weathered the stressful confirmation hearings with grace, there are still those who question her qualifications and place on the court.
Growing up black, we see overwhelmingly talented black people all around us: in our barber and beauty shops, classrooms, communities, and homes. But as a result of systemic racism, we don’t always see overwhelmingly talented black people, especially black women, in the position that Judge Brown Jackson is in now.
It matters that black children will see a talented black woman sitting on the highest court.
The Pendulum Swing of Systemic Racism
In terms of Jackson’s impact on cases concerning issues of race, I can best hope that her lived experiences will give her context to understand the nuances of systemic injustice, and that this context helps inform her judgments.
Holding her to the unrealistic expectation that due to her race and gender she can fix sexism and racism on the country’s highest court is in many ways reflective of the unfair expectations that black women have placed on them in many workplaces.
Shifting the Paradigm
When black women elevate to places of power, it is not uncommon to place the weight of solving all of the issues in that institution on their shoulders. We place a burden on them that is not placed on their white or male counterparts.
Rather than asking Jackson what she can do to solve issues of racism and sexism on the court we should be asking her white and male peers to contend with issues of race and sexism as Jackson is.
When the expectation is for all judges to use their power to enforce the sections of the constitution which uphold the constitutional right for racial justice, then I believe we will see necessary change.
Expecting black women to save institutions or communities while not holding their white counterparts to the same standard exacerbates the problem rather than solving it.
While the confirmation of Judge Jackson is indeed notable and something to be celebrated, now is not the time to be complacent or to declare the battle won.
For anyone who said “Black Lives Matter” in the last two years, wore a shirt, put a yard sign in their yard, posted on social media, or attended a protest, continued awareness is needed. We are facing one of the most critical moments in our history in terms of making “Black Lives Matter” actually ring true.
The laws that are being passed across the country targeting education about race and systemic racism, outlawing conversations about race and history in schools, and the banning of books are some of the most dangerous laws passed in the history of our country as it pertains to racial progress.
The concept of “Critical Race Theory” (CRT), a legal theory primarily addressed in law school, is being weaponized and intentionally misconstrued at a government level as a smoke screen to silence critical conversations about race.
Senators questioned Jackson about the teaching of CRT during her confirmation hearings. We bore witness to the confirmation of two white Supreme Court justices during the last administration: Justices Brett Kavanaugh and Amy Coney Barrett.
To my knowledge, neither of them were asked a single question on the topic of CRT.
The most notable exchange was with Senator Ted Cruz, who asked Judge Brown Jackson if she approved of books that spoke of “racist babies.” Judge Brown Jackson addressed these questions thoughtfully and worked to educate on what “Critical Race Theory” actually is.
White Americans need to embrace the fact that systemic racism and the ideals of white supremacy hinders everyone, not just Black people and other people of color. We all rise when we fight for what is fair for one another.
If systemic racism is like a virus, education about the system, how it operates, and how we can personally and interpersonally overcome that system is the closest thing we have to a vaccine or a cure. Laws that ban education on race would be like laws that prohibit a sick person from taking life-saving medicine.
It was the job of the senators to scrutinize Judge Brown Jackson’s record, notably in the case of a highly qualified black woman being nominated to the court, very little of the scrutiny has had anything to do with her record. From Tucker Carlson calling her LSAT scores into question to Senator Marsha Blackburn asking the Judge to define what a “woman” was, Judge Brown Jackson has been under enormous pressure and analysis.
As a black man, to see her come out on the other side and take her rightful, earned place on the Supreme Court stands as an example to black children across the country to maintain hope and to persevere even when people place nonsensical and unjustified obstacles in their way.
Jackson speaks about how just a generation ago this nomination would not be possible, her confirmation stands as a beacon of hope that we are moving forward and not backwards.
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