Here's what President Biden signaled in nominating Ketanji Brown Jackson, writes Kate Shaw
. Judge Jackson is superbly qualified by the standards of any era. She’s not only a brilliant legal mind, but also as credentialed as a nominee gets: top legal degrees and clerkships, broad and deep experience in both government and private practice, and nearly a decade of distinguished service on the federal bench, including her current seat on the D.C.
Why, then, did Biden remain so public and so explicit about his selection criteria? It was no doubt partly political:for the Democratic party writ large and for Biden personally, and appointing the first Black woman to the Supreme Court both communicated Black women’s political importance and provided a tangible deliverable.
What is less appreciated is that in explicitly centering race and gender in his selection process, President Biden was engaging in an act of presidential constitutionalism. Presidents, not just courts, engage in constitutional interpretation; Presidents shape constitutional meaning beyond their selections of justices who will render decisions in constitutional cases. President Thomas Jefferson’s
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