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Supreme Court nominee brings diversity, a new perspective

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By Nicole Gregory, contributing writer

Ketanji Brown Jackson, President Joe Biden’s nominee, if confirmed, would bring new diversity to the Supreme Court, two CSUF court watchers say.

Confirmation hearings are scheduled to begin March 21 for the appointment of the U. S. Circuit judge.

Biden nominated Jackson for the position Feb. 25, soon after Justice Stephen Breyer announced his retirement in January.

Portia Jackson Preston, an associate professor in the Department of Public Health at Cal State Fullerton (Courtesy of CSUF News Media Services)

CSUF associate professor of political science Robert Robinson (Courtesy of CSUF News Media Services)

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It is the first time in history that a Black woman has been nominated for the Supreme Court and the first time a nominee with experience as a public defender has been nominated — two significant ways Jackson would bring a new dimension to the Court.

“If she’s confirmed, it should mean something to everyone,” said Portia Jackson Preston, assistant professor in the Department of Public Health at Cal State Fullerton. “We are breaking through a concrete barrier. She’s a public defender and brings a perspective to the Court that hasn’t been there.”

As an expert in public health, Preston knows the stress that often accompanies high-level work positions, particularly for Black men and women. “Any time there is a Black person in a prominent position, it alters their lives. And my first reaction when I heard of this nomination was ‘Who would want to go through that?’ But this is someone who has her eyes wide open going in. She’s in it because of a deep love of justice. And we need to have better representation on the Court.”

Biden reflected this sentiment when he announced that he was nominating Jackson to the Supreme Court: “I believe it’s time that we have a Court that reflects the full talent 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.”

Jackson served as a United States District Judge from 2013 to 2021, and during that time she also served as a vice chair and commissioner on the United States Sentencing Commission. She received a law degree (cum laude) from Harvard Law School in 1996 and received an bachelor’s degree, magna cum laude, in government from Harvard-Radcliffe College in 1992.

She has also served as an assistant federal public defender in the appeals division of the Office of the Federal Public Defender in the District of Columbia.

“I think having a Court that looks ‘more like America’ is good for increasing confidence in the Court’s decisions, and for signaling to students and young people that the corridors of power are opening to individuals who look like them,” said Robert R. Robinson, associate professor of political science at Cal State Fullerton.

Robinson said judges who’ve worked as public defenders are less likely to give very long sentences, according to research. “Given how many criminal law and procedure cases the Court must hear, I think it’s important to have justices with some experience in criminal law,” he said.

“I hope she can bring perspectives to the Court that it may not currently contain, both in terms of her job experience and her background,” Robinson said. “Jackson has the potential to improve and expand the Court’s considerations through her own experiences.”

Because of the lasting impact of their decisions, Supreme Court justices are constantly watched, and their words carefully analyzed.

“Just seeing that the path she has taken has been very rigorous and challenging, it prepares you for this level of scrutiny,” said Preston, who consults with companies about ways to reduce stress for their employees.

Preston was happy to learn that Jackson appears to have a large, supportive group of family, friends and colleagues. “This woman has a strong community,” Preston said. “She has a diverse network willing to stand up for her.”

How would Preston advise the Supreme Court nominee if she had the chance?

“I would tell her to keep her eye on what she values most. What I often tell people is that you have to figure out which balls you’re juggling — which are made of rubber and which are made of glass. If you drop the rubber ball, it will bounce back, but be careful of the glass ball; in other words, hold close what is most important. It might be maintaining boundaries, your health, relationships, the people in place you are accountable to — these serve as checks and balances for you, so you can focus on your work.”

What counsel would she offer Jackson about the intense scrutiny she faces? “It may feel personal but it’s not,” Preston said. “It’s because of what you represent. Only you and those close to you know who you are. When you go to sleep you have to answer to yourself and those you serve.”

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